Here’s the
plain-English, Queensland-specific explanation of what rights your mother
may have, and what direction you should take next.
✅ 1. Does your mother have automatic rights?
No automatic legal right exists
just because she lived there or because there was an informal family understanding.
BUT she
may still have rights under
equitable law, which can be powerful.
✅ 2. The big issue: Was there a clear agreement?
From what you’ve described:
- The house was bought in your half-brother’s name
- The agreement was:
Your mother + her husband could live there for life,
He would get ownership,
He’d get the First Home Owners benefits,
They’d contribute whatever resources they had,
Step-dad would provide labour/maintenance.
If this agreement can be shown to a court, even informally,
your mother may have rights under:
✔ Constructive Trust
A court can say:
Even though he holds legal title, he is holding it subject to obligations because the parents relied on the agreement.
✔ Proprietary Estoppel
If she can show she relied on the promise (life-long accommodation) and would suffer detriment if it’s broken, a court can enforce that promise.
✔ Life tenancy / equitable right to occupy
Even without a formal life tenancy contract, courts can recognise an
equitable life interest in the home.
These arguments do succeed in Australia — courts don’t like children using formal ownership to defeat long-standing family promises.
✅ 3. Key factors that help her case
Your mother’s rights are stronger if any of the following exist:
- Financial contribution to purchase, renovations, bills, or mortgage
- Labour contributions by step-dad (maintenance, improvements)
- Emails or messages referring to the “agreement”
- Statements to others (neighbours, relatives) about the arrangement
- Duration of residence (long-term, stable occupation)
- Her advanced age and vulnerability (courts weigh this heavily)
❌ 4. If there is zero written agreement?
She still may have rights.
Australian courts recognise that
family property arrangements are often informal, especially involving elderly parents.
The absence of a written contract does
not kill her claim.
⚠️ 5. What your brother legally can’t do right now
If your mother has an arguable equitable interest, he
cannot simply evict her, renovate, rent, or sell the property freely.
Her lawyer can place a
caveat over the title to stop any sale until her rights are determined.
This is often the first and most essential step.
⭐ 6. Practical next steps (very important)
A. Urgently see a Queensland property/elder law solicitor
She may be eligible for free or heavily discounted advice through:
- Caxton Legal Centre (Qld) – Elder Law
- Qld Seniors Legal and Support Service
- Community Legal Centres Qld
B. Lawyer can lodge a caveat
This stops your brother from selling or transferring the property.
C. Lawyer can prepare a claim for:
- constructive trust
- proprietary estoppel
- equitable life interest
- or compensation if she is forced to move
Even the
threat of these claims often pushes the other party into negotiation.
🧭 7. Realistically: What outcomes are possible?
Most common real-world outcomes:
- She is allowed to live in the house for life
(either formally or by agreement to avoid litigation)
- She receives a payout / settlement
if he wants to sell, he may need to buy out her equitable interest.
- Court orders a life interest / equitable accommodation right
(rarely needed, but courts can enforce it)
- Worst case: she must move, but she receives compensation for the broken promise.
✅ BOTTOM LINE
Your mother
may have enforceable rights, even without a written contract, because:
- there was a clear family agreement,
- she relied on it for years,
- she is elderly and vulnerable,
- and your half-brother benefited financially (FHOG etc.) from the arrangement.
This is the exact type of scenario where Queensland courts recognise
constructive trusts and
proprietary estoppel to protect elderly parents.
Don’t let him sell the property before getting legal advice.
A caveat can stop everything.
