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NSW Property Settlement - Can Grandmother Place Caveat on Property?

Discussion in 'Family Law Forum' started by Vivienne, 21 March 2016.

  1. Vivienne

    Vivienne Member

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    Hello,

    My grandmother sold her house and used the proceeds to buy a house with my father. She contributed 80% of the purchase price and lives with my father and stepmother. My father's name is the only one on the title. Now my father is separating from my stepmother, and she is hoping for 50% of the total house value in property settlement.

    Can my grandmother place a caveat on a portion of the property (80%) in both her name and mine to ensure my stepmother is only entitled to 50% of the 20% my father originally put into the house? The house was bought just after their marriage. My grandmother has financial records of her contribution.

    My stepmother has never contributed to any utilities, rates, insurance etc since purchase. They do not have any children. As my grandmother is in her late 80s, it is distressing her and the family to think the house might have to be sold to pay my stepmother.

    Thank you for any help you may have.
     
  2. Sophea

    Sophea Well-Known Member

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    Yes. Your grandmother may have an equitable interest in the property if she can prove she contributed 80% of the purchase price which was a loan to your father and not a gift. If there was some agreement between her and your father for her to recoup or benefit from her contribution she may be able to put a caveat on the property to claim some of hte proceeds.
     
  3. sammy01

    sammy01 Well-Known Member

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    How long were dad and step-mum together? Married? If less than 5 years, I don't think she would be entitled to anything.
     

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