QLD What are my rights with land that I am paying for in Defacto split.

[JJay]

My brother's partner has told him to leave after a 7-year relationship and living together for 3 of those years. Six months ago, they purchased some land together to build a home. They have now split, and he needs to know his rights over the land.

She is the only name on the title/deeds as she works for Westpac and said that it needed to be that way to secure the finance as my brother's income during COVID was low, but both my brother and her are listed on the mortgage on the land and both pay equally each month.

The land will now be sold. My brother has a sign on the block and has it listed on social media platforms which is creating interest, hoping they can sell privately to come out even with $$$. However, she is being uncooperative and threatening to list with an agent where they both stand to lose $70k each which is crazy.

He just needs to know his rights with the ownership. There is plenty of evidence to prove he is an equal stakeholder via the mortgage and other documents, although he is not listed on the title/deeds.

Can she sell the land without his consent or do all decisions moving forward need to be agreed collectively.

If she was to get an offer on the land and my brother refused to accept, does this then become a matter for the courts initiated by her.

Thank you.

 

[Rod]

She can sell the land.

He can apply for a caveat.

He should start negotiations about a split of the property, and if that fails, start proceedings in the family court.

 

[lostinspace]

The name on the property does not prove much, lenders RE , they care about servicing and paying the loan, so that does not prove much either on the face.

So it seems this was a shifty thing to me to start with, however, who has the name on RE has right to sell and direct how funds are dispersed, better just get a solicitor involved, they can both agree to sell, but can probably hold funds in trust till parties agree on how it will be split.

I will say but, as a non lawyer, lawyers get peoples back up, so go get advice, not straight to using a solicitor to write letters etc