Defacto/Wife & FHOG

Hi guys,

After trying to work out the whats and hows of FHOG entitlement, I once again come here with my tail between my legs and need to ask the question.

Scenario in a nutshell;

Have been living with my girlfriend for two years in a rental. She has owned previously, I have not. Obviously if we buy together i'm not entitled to a thing from the FHOG, but can it be worked as a purchase in my name, and then have her added to it after the set period? Can a solicitor do up something legally binding for all parties?

We are getting married in April, will that change anything?

Any and ALL help appreciated.

Thanks guys.
Few things

1. In NSW, a minority owner who is a previous ( or current property owner) can be on title if they have a minority holding ( 5 % or less)

2. the challenge you face I believe is that the law would deem u as being defacto having co-habitated for 12 months or more, thus signing a declaraion that you dont have a spouse may be a bit rubbery.

Note im not a legal adviser, we have however been succesful in legally obtaining the FHOG for clients where the "inelligble" person was not "a spouse" at the time of application and held a minority interest.

Note that while the FHOG is federal money, I believe there is state based legislation that administers it


I had reason to speak with Vic SRO last week and in Victoria any party to a purchase who has previously owned and occupied renders the whole transaction ineligible for the FHOG

Each State seems to have it's own discretion regarding adminstration of the FHOG but when in doubt, ring the relevant State Revenue Office and explain the situation slowly and clearly and ask for an opinion before you make a decision

I have previously had customers whose name was not on title, but received a matrimonial settlement resulting in cash money from their 'share' of the home, and the SRO said that they had had the benefit of a home and therefore were not eligible for the grant.

So certainly in Victoria it would appear that the situation is much more clear cut than in NSW

Thanks guys.

It wasn't really a major concern, but thought it worthy of pondering prior to taking out the finance.

Cheers for the help.

As always, appreciated.