QLD Questionable Girlfriend vs. Disabled Elderly Man

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greedtrouble

New Member
28 July 2017
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My widowed brother, who is a 75-year old war veteran on a disability pension (he is blind), has been in a relationship with a younger, dubious woman since the death of his wife over 10 years ago. After years of frugal and careful living, he had a comfortable estate at the time of his wife’s death, owned the family home outright and sat on a reasonable nest egg that he and his deceased wife of 35 years had built together after both working all their lives. The relationship with this woman started just 3 months after his wife’s death, she was unemployed and suffered some mental problems. She has never worked since they met with him supporting her 100%. At some point, after pressure from his family, he signed an agreement with her that she had no legal right to his house in the case of his death or their breakup. It’s the only legal financial document they have between them.

They have spent the past 10 years traveling and ticking off things on their 'bucket lists', burning through his moderate savings. They returned to Australia late last year with the idea of settling down as he has had some health issues. The problem is this; 6 months ago he purchased a second home, in cash, for them to live in. He was stupid enough to purchase this property IN HER NAME. She refused to live in the home he already owned, complaining that that home was ‘not hers’ and had belonged to him and his dead wife. He did not wish to sell it at the time for sentimental reasons and also as he may lose his war veteran’s disability pension.

She contributed $50,000, to the $600,000 property cost, he contributed the rest with his money and money loaned/given to him by a few of his wealthy children. I understand they were not aware that he was using this money to purchase the home in her name solely. Now, 6 MONTHS LATER she is leaving him, ‘doesn’t love him anymore’, is insisting on selling the property and wants to take the money and run. She has refused to give him back any money and is claiming the property is solely hers. He has stated he would give her more than her $50,000 investment and happily negotiate, but at this point, she is basically openly fleecing him.

Leaving the stupidity of his actions aside, does he have any recourse here? Can he hope to fight to retain any right to this home or his investment in the property? The poor man has blindly (literally) given her all SHE has. His first home is now rented out, so he is technically homeless at present. They were never married.

Any insight would be appreciated, he is a good man with a kind heart, however foolish and overly trusting!
 

Tripe

Well-Known Member
22 May 2017
229
14
619
I'm no expert in your situation, but I would suggest you look at taking out a caveat over the property so the property is not sold.

I have heard of caveats being placed on properties for lesser reasons than your brothers situation.