- Jurisdiction
- Australia
Mum and dad owned a family home. At some point Dad became unemployed and only mum left working. Mum could not afford payments and mum and dad argue until dad agrees to sign a document removing his name from property title. Mum never submits this or makes this official.Instead... she asked eldest son to contribute what should have been Dads share and more.In return the an oral agreement is offered to the son for 50% of future capital gain to keep the property going. This is never written down anywhere.
This went on for seventeen years worth of payments all officially recorded and available on bank statements.
Mum then suddenly dies in the shower and estate lawyers suggests that dad owns 100 percent of the property, including all capital gain ...despite not doing anything for all of those years and the son taking on the burden.
What rights does the son have???
This went on for seventeen years worth of payments all officially recorded and available on bank statements.
Mum then suddenly dies in the shower and estate lawyers suggests that dad owns 100 percent of the property, including all capital gain ...despite not doing anything for all of those years and the son taking on the burden.
What rights does the son have???