VIC Separation - Parent Wanting My Home in Their Property Pool?

[Deleted member 28915]

I'll keep this short and to the point:

My (former) mother and father are having a 'property separation' in the Federal Circuit/ Family Court. My (former) mother started proceedings against my father and she has listed me as a secondary. She's demanding that I sign my home onto her.

5 years ago, she was the one who came up with the idea of 'gifting' me funds alongside my father and convinced him to go along with it- so long as I sign my sister onto the title when she came of age and not sell the home and run off or do something silly.

Now because the family has fallen apart, she has developed the mentality that: "I'm not happy with you any more, now I want my money and house back". She has lied to the court saying she originally owned my home and that she never intended on gifting me funds despite me having all the evidence from back in the day stating otherwise. She later took a constructive trust caveat out on my home with virtually baseless claims to further better her claims and I don't have the money to have it removed.

Her wild claim: My father forced me to buy the home and he beat her in the sales office in front of everyone, the salesperson tore up her contracts and made me sign everything and all the lawyers and conveyancers were in on it. I'm not even joking, that's her story.

So far the police believed it and filed for Intervention Orders against me, my father and sister. If she can get away with lying for a frivolous Intervention Order simply by word of mouth with no proof, I have no doubt in my mind that she might even get away with this disgusting fantasy story and actually take my home from me. This experience has been an absolute nightmare.

I cannot afford a lawyer to fight her as she has driven me into the poverty line. I'd really appreciate if someone can help me with this. My parents have no right to my home and just because relationships breakdown, doesn't mean people go running around to courts wanting 'gifts' back after so many years. If this was the case, I'm sure the courts would be overloaded with silly cases like mine with bitter friends and or family members wanting things back from people that they've given things to.

Upon showing my 500+ documents and evidence, everyone I spoke to during free consultations thinks I have a simple open/shut case. Problem is, I cannot afford anyone to represent me or shoot her false claims down.

This being the case, I'm looking at losing my home simply because I cannot afford legal representation. This isn't right. People get all kinds of aid for silly reasons, I'm surprised I'm not entitled to anything. Especially her being a female, she's had free help from the Magistrates' all the way to the Federal Court. This is not fair...

 

[Atticus]

I'm looking at losing my home simply because I cannot afford legal representation. This isn't right.

Don't know how long your parents were together or how long they held that asset, but gifting a house, I assume the major asset of the relationship, was always going to be problematic if the marriage went south....A judge acting under family law jurisdiction has the power to distribute assets & debt as they deem just & equitable in the circumstances... That said, if you are named on the title then you have an interest as well

Are you named as a party to these proceedings?... If so, & your evidence is so overwhelming in your favour, then self represent. You can do that in family law cases in the FCCoA....

 

[Deleted member 28915]

Don't know how long your parents were together or how long they held that asset, but gifting a house, I assume the major asset of the relationship, was always going to be problematic if the marriage went south....A judge acting under family law jurisdiction has the power to distribute assets & debt as they deem just & equitable in the circumstances... That said, if you are named on the title then you have an interest as well

Are you named as a party to these proceedings?... If so, & your evidence is so overwhelming in your favour, then self represent. You can do that in family law cases in the FCCoA....

I'm a secondary respondent. The primary is my father and my former mother has initiated the proceedings. My parent's actually gifted me money allowing me to buy the land and house. I got a letter from my previous conveyancer/lawyer who shot down her original claim just last year as she tried to do this same thing last year and failed, but now because Intervention Orders are involved she's trying again.

When I was buying my land and home, she had to explain that she and her husband were giving me money as some people were suspicious as to how a 19yr old at the time could afford such things. My parents were advised on steps they needed to take re- securing any interest via loans, agreements etc. but they didn't do anything as they simply said it was an outright gift and that was that. I guess the only promise I technically made with them was that I was to add my sister to my title and let her have 50% of the home with me. Upon having my former mother taken away by police last year, conveniently this all started snowballing.

I think she's just doing this out of spite since I'm on good terms with both my father and sister and she feels bitter about the events of the last two years.

Side note: To prove she's an outright liar- I put a deposit on a 2018 Auto Santa Fe Highlander (65,000-75,000 dollars) and she paid for the rest (I even got a recording of her explaining to my father that she purchased the vehicle for my sister and I) and now in court she wants 100% of the car and she's claiming that it is a cheap, 2017 Manual Santa Fe Stock (30,000 dollars) despite the sales papers I got clearly outlining that it was a high end luxury SUV that I mentioned, not the bare stock one she's claiming she has.

I just find it difficult how I can defend myself against someone who is literally making up everything as they go, and she's got away with it all so far and that is what scares me now as my house is on the line.

And regarding the Intervention Order thing, nobody has ever heard of a home owner being removed from their own home in favour of a visitor. I'm lost for words. I really am.

 

[Rod]

Intervention Orders are being used and abused by people and facilitated by the courts. This may be able to be fought depending on what stage the order is at.

Suggest you give our office a call to see what can be done for both the IO and family court matter.

If you are not selling the home, do not worry about the caveat for now. The law is going to presume the money/house is a gift and she will have to prove otherwise.

It may be possible your home and car is outside the reach of the family law jurisdiction.

 

[Deleted member 28915]

Sorry I haven't been around for a while. I spoke to two law firms prior to the holidays. Apparently I can file for a summary dismissal as Property Separations cannot happen between a parent and their child (plus my evidence is that substantial in ruining her claims that it shouldn't even be going to a court). Also, apparently, under legislation, gifts are gifts, people cannot go running to courts years later wanting things back when friendship or relationship breakdowns occur or regretful decisions are made.

I'm apparently the first time anyone has ever head of a young 23yr old going to a Family Court for Property Separation against their own parent. Nobody wants to give me this summary dismissal documentation nor tell me what to do as everyone is asking for $2000 upfront.

I guess because I'm virtually bankrupt for living out of hotels, I will now lose my home to a liar because I cannot 'afford' a lawyer? I was told if I self-represent, they'll slaughter me in the court or rule against me simply because I'm self-representing.

I've got all the evidence to destroy her in court, problem is, everyone is telling me despite my evidence, I'll be discriminated against if I go at it alone, which I find to be a load of rubbish.

She got to pay two law firms AFTER her cases were settled and now she has FREE representation. I'm entitled to nothing simply because of what's between my legs. And now because I have no money left, I'm being punished and will lose all my things whereas a financially stable person in my position would get justice. How does this system even work?