Housing Pickle, Any Help Would Be Appreciated

frewer on 26/01/2022 - 14:10
Last edited 28/01/2022 - 19:33 by 1 other user

G'day all strangers,

I'll keep this short. My wife ask me to post this.

She bought (7yrs ago, when she was young & naïve) a house, in Geelong area, with her father. On the paper she own 95%, 5% is her dad. She never stay there, beside a few holidays. They paid a total of $350000 and and owing $160000.

A few year ago, she was diagnose with cancer. So that change her perspective/goal/priority in life. She want to sell the house ( we did tried many times to talk him to rent out the place, but he said no lol ).

Is she able to sell without his permission. He can have his share and she can have her share? Will she needs legal advice? Will they able to pay back to the bank when they are done?

Are they tenants in common?

Thank you.

Here MS paint

EDIT: Excuse my bad grammar, English isnt my native language.
EDIT 2: Please stick to the topic at hand, I didnt ask for any judgement either us or her father. If I want it I would put it down. For those gave practical & helpful advice. THANK YOU !

UPDATE 1: Thank you for those suggestion, I have 1) Request further doco from the bank 2) Will use https://www.landata.online once those doco arrived.

Financial

Comments

      • iNeed2Pee on 26/01/2022 - 20:18
        +9

        But I mean, your daughter has been diagnosed with a serious illness. First problem would be to prioritising her needs.

      • brendanm on 26/01/2022 - 21:17
        +19

        God still loves him

        Not true, God told me he is very upset about the situation.

      • gromit on 27/01/2022 - 09:43
        +7

        how is his intentions good? he is not paying rent, he is not letting your wife make decisions for her share and is being obstructionist. Really sounds like the whole setup was designed to benefit one person (him). Obviously though we only have one side of the story.

      • Antikythera on 27/01/2022 - 10:49
        +9

        bullshit. he has been living rent free for a 5% share of the mortgage. duchebag.

      • Hangryuman on 27/01/2022 - 14:25
        -1

        'God still loves him'

        did he tell you that - or is that what you would like to believe ?

        I was raised going to Sunday School - all hopeful thinking - before I discovered the outside world of users and abusers

        Rule Number 1: selfishness.

        Since then, when I hear someone say they are religious, I assume they are a lying hypocrite.

        An article I read today - https://www.abc.net.au/religion/david-bentley-hart-obscenity… - basically if you 'love your neighbour as yourself' and then expect your non-believing neighbour to burn in hell for eternity, you must be a lying hypocrite.

        • CommuterPolluter on 28/01/2022 - 00:28
          +3

          The victim in this scenario is expressing a Christian (or otherwise religious) forgiveness of a person who is perhaps dear to him but causing much grief. Your respond is to tell that victim that he must be a lying hypocrite because all religious people are lying hypocrites. Tasteful.

          I don’t agree with the logic of the article you shared and the conclusion is a tautological, but it’s an interesting position. Given he is Christian himself, I do wonder how he reconciles it with biblical verses. Maybe worth reading the book.

      • macrocephalic on 28/01/2022 - 13:52

        God still loves him

        God apparently loves everyone, this is not a glowing endorsement.

  • Traveller107 on 26/01/2022 - 19:21
    +5

    I dont understand why the old man would refuse to sell.
    The only reason I can think of is if he made the full or almost full payment for the property and loan and opted for a 95/5% ownership structure for tax reasons or something. And therefore believes it's entirely his property anyways and doesn't pay heed to what your wife wants. Is that what happened OP?

    I have Asian friends who are tied to properties in joint ownership with relatives and now regret it and want out but the relatives won't listen because they paid the deposit and it suits their tax structure. Pretty sad situation for the young and niave. You might want to get legal advice or maybe get a loan and buy the dad share out or sell your share. Maybe your wife's other siblings can sit him down and try to convince him.

    • frewer on 26/01/2022 - 20:06

      why the old man would refuse to sell.

      I let's you know a.s.a I know ( maybe 10,20,50yrs ) … He also has a 'friend in real estate' too

      opted for a 95/5% ownership structure for tax reasons or something

      He did mention sth likes that

      Maybe your wife's other siblings can sit him down and try to convince him.

      We tried …

      • legs on 27/01/2022 - 09:50
        +9

        So.. did the father buy the property with majority of his own money but the daughter owns 95% for tax reasons?

        That is a completely different ballgame and turns the situation from 'he is the bad guy because she bought the property and he lives there rent free and won't let her sell' to 'he is the good guy because he bought the property but structured primarily in her name for tax and estate planning purposes'…

        How is the ownership legally structured (on title)?
        What was the original agreement and plan for the house either verbal or written when they entered in to this arrangement?
        Who paid the majority upfront for the house? Who has been paying the mortgage, rates, etc?

        • Seni0r El Cheapo on 27/01/2022 - 12:08

          ^^ THIS.

          This is proper grilling.

          I reckon, considering the age group, it is highly likely that FIL made the down payment, hence "he is the good guy because he bought the property but structured primarily in her name for tax and estate planning purposes" seems valid..

          If OP doesn't respond, something is fishy and someone is hoping for a free ride!

          • Traveller107 on 27/01/2022 - 12:35
            +1

            @Seni0r El Cheapo: Yep this is exactly what I asked the OP but he didn't answer in his reply.

            I'm guessing since the wife was young and naive the dad bought the property but put it in her name for his preferred tax structuring. That's the only reason I can think for his refusal to listen to her.

        • frewer on 27/01/2022 - 16:27

          How is the ownership legally structured (on title)?

          How do I find this out ? What kind of paper I should ask from the bank ?

          • legs on 27/01/2022 - 17:00
            +1

            @frewer: Complete a title search online to obtain up to date information. You have to pay for it. I think landata is the official Vic registry provider (there are other authorised information brokers as indicated on the Vic government site https://www.land.vic.gov.au/land-registration/for-individual… ). Landata VIC appears to charge $7.35, which is not bad as in SA it's about $30!

        • duchy on 27/01/2022 - 16:30

          Thank you, summed up my thoughts and posted before I could. 😀

          The ownership structure doesn’t necessarily have to reflect who was paying the mortgage all those years.

          If I am guarantor for my child’s loan and I only own 5% of the house, the bank will very quickly knock on my door if they cannot pay.

    • trapper on 27/01/2022 - 12:38

      I dont understand why the old man would refuse to sell.

      Because he is living there for free.

  • miwahni on 26/01/2022 - 23:15

    So out of curiosity, let's say he agrees to sell. What happens to him then? Will his 5% share be enough for him to afford somewhere decent to live?

    • frewer on 27/01/2022 - 16:29
      +2

      We said multiples time that we will give him enough $ to get a unit in Melbourne. But still … no luck

  • avoidfullprice on 27/01/2022 - 01:01
    +2

    She will need legal advice. Conveyancing lawyer or family lawyer I don't know.

    I don't see your wife and your FIL are as bad as people perceive. I assume your FIL doesn't want to be homeless, and likely not able to sustain renting that place. I assume your wife doesn't want the liability given circumstances.

    Sadly, both need to consider what if the other person passes away before the other. Get them to update their will, and discuss with each other what to do with the place. Your FIL will inherit both the house and mortgage. What will he do then?

    After that discussion, sell the house.

    • rektrading on 27/01/2022 - 01:32
      +1

      Your FIL will inherit both the house and mortgage

      The next of kin will get the 95% of the asset which is in this case the husband and/or children.

      • kiitos on 27/01/2022 - 09:23
        +1

        Depends if it's joint tenants of tenants in common

        • frewer on 27/01/2022 - 16:29

          How do I find out about this ?

    • miwahni on 27/01/2022 - 23:15
      +1

      Hang on, if the ownership is tenants in common, as it appears to be (clearly defined shares) then neither would inherit the other's share of the house - that only happens with joint tenants. Under tenants in common, the deceased person's share will go to whoever they leave it to in their will.

  • morse on 27/01/2022 - 05:57
    +2

    The FIL sounds controlling and manipulative. Get legal advice. If you’re financially struggling see about using legal aid ( https://www.legalaid.vic.gov.au ). It would be worth mentioning to the lawyer that she was coerced into this arrangement and that despite her health issues he won’t budge. Without knowing the full circumstances as he is family, this might be considered financial abuse (whether that’s his intention or not).

    • SnakeCasablanca on 27/01/2022 - 13:19
      +3

      Why does the FIL sound controlling and manipulative?

      OP is trying to find a way to sell a property without the permission of one of the owner. % of ownership is not relevant. That sounds manipulative and controlling more than anything I can read in the story.

      OP's partner may not want to sell and OP is financially abusing their partner to try and find a way to steal a house from their father.

      OP's partner may want to sell but father gifted majority of deposit bought house and set up ownership % to prevent OPs partner from losing house in a divorce. And now she is trying to manipulate the father so that she can sell the house to squander away on crap.

      OP's partner may not even have cancer and they are emotionally manipulating Ozbargain to give them ideas to steal the house.

      • morse on 27/01/2022 - 13:34

        Why does the FIL sound controlling and manipulative?

        Because it sounds like (obviously we don't know for sure) he convinced her to enter the agreement with a different pretense to what ended up happening. OPs has said it was never intended for him to live there full time. He also doesn't seem willing to engage in any negotiation around options and that other family members have tried to talk to him and he won't budge. I doubt the other family members would do this if the didn't think he was in the wrong.

        OP's partner may not even have cancer and they are emotionally manipulating Ozbargain to give them ideas to steal the house.

        Sure but then the whole thing is pointless discussing if we assume OP is just making up the story. My comments are based on the information presented, obviously if it's a different story it's a different scenario.

        My gut instinct is that for personal, cultural or whatever other reason, OPs FIL feels entitled to use the house at his will, knows what is best for his daughter (or thinks he doesn't have to care, since she's a grown up now and meant to be caring for him).

        Elder abuse is definitely the more common scenario but it does work the other way too. I doubt he thinks he's being unreasonable, but he's probably only seeing it through his own lens.

        It's a pretty poor arrangement not matter which side you are looking at it from if you have no right to sell your own proportion of an asset or determine how it is used, when your money is tied up it in it and you're liable for it. Getting a divorce would be easier.

      • frewer on 27/01/2022 - 16:31

        LOL

  • Bob Svargis on 27/01/2022 - 07:37
    +7

    See a lawyer. Do not do anything else.

    Your father in law seems to be a selfish and manipulative person who wants to control his extended family’s lives.

    • frewer on 27/01/2022 - 16:31
      +1

      Yeah we figure that much out …

  • larndis on 27/01/2022 - 08:33
    +5

    Who makes the loan repayments for the house, and who has been making repayments for the last 7 years? Who pays the rates, insurance and utilities? Who contributed to the deposit when the house was purchased?

    • frewer on 27/01/2022 - 16:33

      Both she did paid significant amount when she was working & $50+ into his bank account, he said to paid rate, insurance, when we down there for a few day we have to paid some $ for bills too lol. He did the deposit I think.

      • morse on 27/01/2022 - 16:44

        You really need to know exactly how much she has paid on the mortgage, deposit and in rates, insurance etc, and how much he has, especially if you're suggesting he's being unfair/unreasonable. Surely she can go through her transaction history and make a spreadsheet or something.

        • frewer on 27/01/2022 - 16:45
          -3

          And how will it help her situation ?

          • morse on 27/01/2022 - 16:50
            +2

            @frewer: If you want to go into some sort of negotiations, knowing how much she has invested in the property would seem pretty fundamental to me.

            If FIL is even going to consider it, he would need to know what the financial consequences are for himself.

            What would seem fair to me, is that if the property is sold, she would get the same percentage of the profit as she has invested. There's no point trying to convince him to sell it if there's no agreement on what it looks like at the end of it for both of them.

            • frewer on 27/01/2022 - 16:56
              -3

              @morse: As I said in other reply, she more than happy to give him enough $ for him get in a unit in Mel. So he headache is … gone

              • morse on 27/01/2022 - 17:04
                +5

                @frewer: I still think it's highly relevant to know how much she has contributed. I'm fairly sure any lawyer is going to want to know the same. If you are going to get legal advice, it helps to have all the information prepared in advance - this will save you time and money.

                If she can't demonstrate that she has been financially contributing yet she want to sells the place where he is living, she might actually look like she is financially exploiting him.

                If the issue is just about her not having her name on the mortgage and the associated liability, there is also the option to talk to the bank about the terms via which she can end the mortgage, release/transfer the property.

                • frewer on 27/01/2022 - 18:37

                  @morse: Uh oh that sound really bad for her. So the way they were doing it is, she deposit the repayment amount into his account, then his will paid it from HIS bank account …

                  • morse on 27/01/2022 - 19:32
                    +2

                    @frewer: This sounds like a real mess. I can’t really understand why it was set up this way. Why if her name was on the mortgage would she just not pay directly into it? And why is he the only one on the title if she has the mortgage and liability.

                    I really hope he hasn’t been skimming money off what she pays and spending it elsewhere.

                    She should at least have the transaction history of payments from her account to his. You need to sit down and go through all the history, transactions, emails, texts, conversations etc then get legal advice.

                    All the best with it!

                    • frewer on 27/01/2022 - 19:49
                      -2

                      @morse: Yep, it is. It was his idea to do it that way … I check the accout everything is paid accordingly.

                      You need to sit down and go through all the history, transactions, emails, texts, conversations etc then get legal advice.

                      I will try that, seems like really time consuming and troublesome. It is over 10years … the last thing we want to do is waste time into that …

                      • gromit on 27/01/2022 - 20:45
                        +3

                        @frewer: paying into his account is not a problem, as long as you can show she was paying it. The concern here is was she paying 95% and hence really is being poorly treated or is HE paying at least half or more and hence you are poorly treating him. The financials of how much each party is contributing will tell a lot of the story and they will be the first thing any lawyer will want.

      • SpendLess on 27/01/2022 - 18:10
        +2

        if he isnt paying rent he should be covering all the bills and rates etc

  • May4th on 27/01/2022 - 08:55
    +3

    as above, check if his name is on title, if yes see a property lawyer. if held as tenant-in-common you can force a sell / buy them out. if parties are in disagreement you may need a court order, hence legal advice needed

    • frewer on 27/01/2022 - 16:37

      I found this, only her name on it as Mortgagor ? https://prnt.sc/26jyqo5.

      Is that right ? What other doco that I can ask from the bank to shows these thing ?

      • May4th on 27/01/2022 - 16:41
        +1

        not being on the mortgage doesn't mean you are not on the title, do a title search as suggested further down

    • duchy on 27/01/2022 - 16:45

      This is not straightforward and it’s very expensive and lengthy process.

  • MarsTitan on 27/01/2022 - 09:44
    +4

    Unrelated to the original topic, your wife may be eligible to get early access to her super. Explore that option as well.

  • WT on 27/01/2022 - 10:06
    +3

    fk what a mess, lawyer up. he is already playing hard ball and has been for years by the sounds of it. Intention or not execution is there

    God has nothing to do with it, make your own fate

  • Alias2000 on 27/01/2022 - 10:30
    +11

    At first I was struggling to understand your post, however your MS paint drawing cleared any confusion up

    • frewer on 27/01/2022 - 16:38

      Im glad it help :)

  • DarkOz on 27/01/2022 - 10:35
    -7

    This is so fkedup. A Dad with only 5% share in a property wouldn't even sell to help out a daughter with cancer. I hope he has testicular cancer and die soon so she inherits his 5% to sell.

    • Seni0r El Cheapo on 27/01/2022 - 12:05
      +2

      This is based on the fact that she actually made the payment of 95% of the down payment - which is highly unlikely.

      I think someone is ramping up for a free ride…

  • stumo on 27/01/2022 - 10:53
    +2

    Nekminute… Dad gets adverse possession of the house after engaging a lawyer.

    • [Deactivated] on 27/01/2022 - 20:01
      +1

      No not possible OP is making payments and rates. However without a lease FIL could have additional rights.

  • ribze1 on 27/01/2022 - 11:03
    +4

    Dunno what the point of having him as a 5% owner on the title was, sounded like he was going to use this to screw his daughter from the beginning.

  • Piranha2004 on 27/01/2022 - 11:23

    Can you buy out the remaining stake? Might be a bit cheaper in the long run.

  • GuitarNeo on 27/01/2022 - 11:44
    +1

    Since we are all going by OPs point of view- looks like his FIL is living rent free paying only 5% of the loan.

    But given the writing (legally its 95% vs 5%) I think the Father gave the deposit or payments or ongoings which OP hasnt confimed so far? One of those cash family deals.

    @Frewer, for a proper OZBargain court case it needs to be clarified how much money was put in from both ends in the beginning and who has been paying ongoing expenditures (council rates, loan payments)

    (forgot to hit the publish button last night and realised traveller has already commented similar to what I have)

  • JimB on 27/01/2022 - 11:50
    +4

    How much did your father in law contribute?

    Your family seem religious.

    I'd leave the lawyers out of it for now and consult your priest, rabbi, imam, dalai lama etc for a fair solution.

    • Seni0r El Cheapo on 27/01/2022 - 12:11
      +1

      As long as a fair share goes to the religious organization, expect them on your side. They have the perfect capability to dig scriptures and come up supporting arguments for both sides!

    • morse on 27/01/2022 - 12:29

      Maybe OP is religious and FIL is not

  • Seni0r El Cheapo on 27/01/2022 - 12:02
    +5

    On paper, she owns 95%. Physically, how much did she pay of $350,000?

    If none, then bugger off - this is his property and he doesn't need to listen to his daughter. In this case, honestly, to me, it looks like someone is looking for a free ride. Leave the old man and make your own fortune. For owning the 95% for his tax relaxation, I think the fact that he will pass his estate to his daughter should be more than enough.

    And if she made a payment of 95% of the down payment, then yes, she should consider legal options.

    • JimB on 27/01/2022 - 12:13

      My guess is that she paid 100% of it.

      • Seni0r El Cheapo on 27/01/2022 - 16:21
        +2

        Not explicitly mentioned anywhere… so that's why, I said, this is the biggest quest.

        Also, 7 years ago her wife was 'young and naive'… paying a $350K deposit 7 years ago, out of your own pocket… highly unlikely.

        OP should clarify this as it will change the whole picture.

        • JimB on 27/01/2022 - 16:36

          Paid 100% doesn't mean she paid in cash.

          She owes 160k today.

          I'd estimate she borrowed $200k 7 years ago.

    • morse on 27/01/2022 - 12:27

      That's a valid question. I kind of just assumed that she's contributed 95%. Even still, if it's not an arrangement she wants to be in the FIL should give her the option to end the arrangement and come out with a proportional amount to what she's invested. If he's not financially able to support that, he'd have to question his choice to live alone in a four bedroom house. She should never have entered the agreement, but I imagine she was pressured or guilt tripped into it. It's not reasonable for her to fund his choice not to live within his means. It also sounds like when she entered the arrangement he wasn't going to be living there. Given that this occurred 7 year ago and the property would have increased in value significantly now would be a reasonable time to sell and for her father to downsize to something more affordable and appropriate for a single person.

    • Typical16-bitEnjoyer on 27/01/2022 - 12:42

      I think the fact that he will pass his estate to his daughter should be more than enough.

      Did you miss the bit where OP's wife has cancer?

      • Seni0r El Cheapo on 27/01/2022 - 16:20

        Does having cancer mean that she will definitely checkout before the old man? Its highly likely, but not 100% sure.

        I understand it is highly likely, but considering the fact that IF HE made the payment in the first place, it is extremely rude of her to push the old man on the road so that she can execute her 'updated preferences'.

        If she has made the downpayment, well, in that case, she has the right.

        • Typical16-bitEnjoyer on 27/01/2022 - 18:20

          She wants to liquidate an asset so she has money to enjoy the time she has left. Wow. How rude of her.

          • Seni0r El Cheapo on 27/01/2022 - 18:42
            +1

            @Typical16-bitEnjoyer: Yes, specially when the fact is she has not made any of the deposit (not yet confirmed by the OP).

            How rude of everyone… If she is dying, her father should die as well, or at least go homeless and spent rest of his life miserably… Coz, hey, she's got a clock on her… She can do whatever she wants to!

            • Typical16-bitEnjoyer on 28/01/2022 - 16:28

              @Seni0r El Cheapo: She has not done thing
              yet thing not confirmed by OP

              cool story bro.

            • frewer on 28/01/2022 - 17:27
              -1

              @Seni0r El Cheapo: You may want to re-read my post + read my reply to other people who I believe to be helpful. As for you nice try troll, is that the best you can do ?

              • Seni0r El Cheapo on 28/01/2022 - 18:03

                @frewer: Don't like someone's response? Call him/her a troll. Gold standard mate!

                I have read your original response, had you been any clearer, it would have saved us time to hunt bargains.

                • frewer on 28/01/2022 - 19:30
                  -1

                  @Seni0r El Cheapo: Sorry I must missed what is the advice that you offers again ? I call the tree by its fruit. You make wild & redonkeylous assumption, such as

                  when the fact is she has not made any of the deposit

                  her father should die as well, or at least go homeless and spent rest of his life miserably

                  it looks like someone is looking for a free ride

                  Just to name a few …At the same time offer no useful advice …

                  had you been any clearer

                  Such a arbitrary statement, how much clearer is clearer ? Sky blue clearer or crystal clear clearer ? I sure you can make an assumption ( since you already done a whole bunch on the 'bad' side ) that I wasnt involve in it. Now I have to … So Im trying to help her & find out as much as possible

    • Traveller107 on 27/01/2022 - 12:47
      +3

      Absolutely what choopachups said.
      If the father in law paid the deposit, rates, mortgage repayments, maintainance etc then he is not the villain for refusing to sell. And if the agreement was made clear from the start that it'll be his home and he will not sell for whatever years then fair enough. If this is the case then seems like he is being asked to sell his home that he bought with his own money and has been paying for all along.

      But if the wife paid for majority of those expenses then the FIL is wrong and she should seek legal help to sort this mess out.
      No way to know unless OP clarifies

  • OzHunterNSW on 27/01/2022 - 13:05

    He is part owner. Why aren't you seeking to find out what he wants to do.

    • rektrading on 27/01/2022 - 13:13
      -4

      He owns only 5%.

      The wife can force a sale and make him pay for it if he doesn't play ball.

      • [Deactivated] on 27/01/2022 - 20:05

        Why the down votes?
        Your assessment is correct.
        Their is no moral solution OP has indicated such.
        Sale of the asset is the logical course of action and will require a courts approval. Not such a big deal or complicated especially given the wife's diagnosis.

  • BoredGhost on 27/01/2022 - 13:16
    -1

    You would need to rely on s 66G of the Conveyancing Act 1919 (NSW)

    • Jolakot on 27/01/2022 - 14:04
      +4

      in Geelong area

  • erasimos on 27/01/2022 - 14:11
    +1

    Ok, I bought a property with my brother from our dad. Could get a reasonable discussion from him. I ended up taking him to VCAT when the laws changed. I should have pushed it to a hearing but being family I asked for mediation.

    Managed to get an agreement but haven't spoken him for 15 years.

    There should be cases on record by now. So you might be able to search for verdicts.

  • Hangryuman on 27/01/2022 - 14:17

    if cancer is likely terminal, and the title says tenants in common with father's share on title as 5% then she should first write a will indicating the 95% is left to someone else, with instructions that the property to be sold without delay for cash to be distributed to the other beneficiaries.

    If there is some cultural tradition thing where father is thinking he paid to raise her, now he should get to live there rent-free for the rest of his life, then that's to be discussed with a lawyer.

    • duchy on 27/01/2022 - 16:49
      +2

      But who would buy 95% of a property with an old guy in it?

      • AEKaBeer on 27/01/2022 - 16:53
        +2

        OP says "on paper" and "it's complicated", my gut feel is they paid closer to 50/50 but he paid his 45% in cash to her to keep his hoarded cash off the books.

        • frewer on 27/01/2022 - 20:32

          50/50

          Im not sure, but she been paying through the years.

          • gromit on 27/01/2022 - 23:10
            +2

            @frewer: Then you should find out and be sure. If you go legal route it will be asked. How can you be not sure? Are you trying to do this behind your wife's back? Surely you can ask her?

      • Daddy on 27/01/2022 - 20:13

        The executor would apply to the court to force the sale of the property

  • 82norm on 27/01/2022 - 15:05

    Was this whole deal written under a contract? If so was anything written into the contract for sale? You need to start there. I know you don’t want to go down the legal path, but it maybe your only option.

  • john_conner on 27/01/2022 - 16:35
    +2

    1. No one can tell you if they are tenants in common or joint tenants. Refer to the title for this. You can access a copy for a small fee from the registry.

    2. They only way to actually make it 95/5 would be tenants in common, as joint tenants have no specific share.

    3. The bank has likely made them both joint and severally liable. This means everyone is responsible for fully paying the loan, regardless of the share on the title.

    4. Yes you will probably need legal advice.

    5. If tenants in common, can sell separate shares without selling whole property. Sale of whole property requires agreement from all. In practice not sure how successful this would be.

    Good luck.

  • Weezle on 27/01/2022 - 17:10

    Seller needs to sign the contract of sale to sell the property, without his signature you won't be able to

  • Seni0r El Cheapo on 27/01/2022 - 18:50
    +1

    Lessons learnt:

    Keep love (for parents, wife, kids) and financial matters separate and well documented.

    If you wanna give kids something, keep it limited to the education and compassion.

    And even if you do end-up giving them something (be it your parents or kids), document it properly.

  • darkchoc on 27/01/2022 - 18:53
    +4

    You need to know exactly how the ownership is registered before doing anything further:

    Step 1:
    https://www.landata.online/

    Step 2:
    Click "Titles & Property Certificates"

    Step 3:
    Input details of property to find it. And then confirm that it is the correct property

    Step 4:
    Select "Register Search Statement (Copy of Title)"
    Then deselect any other item you might not need.

    Step 5:
    Register with land data to receive your information. Make payment.

    It will arrive in your email in the next day.

    After this you will be very informed of how the property is actually owned on paper

  • THICKnSLOW on 27/01/2022 - 19:44

    Is her Dad living there, or just a 5% owner of the property? Can she not sell her 95% to a potential buyer and let the potential buyer deal with the 5%?

    Being a member on here who contributes and not just join for free advice, I say you're most welcomed to post this thread!

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