FHOG for girlfriend

[davejones]

Hi everyone,

I hope someone can help

I bought a property in NSW about 4 years ago and nearly 2 years ago my girlfriend moved in.

I still classify it as my property (everything is in my name) and I pay the mortgage and all the bills

if my girlfriend wanted to buy her own property now (by herself), would she be eligible for the FHOG? She would move into this property if she buys it.

I am not sure what the term de-facto exactly means in reference to the eligibility for the grant.


Dave

 

[Perp]

In NSW, as soon as she's lived with you, you're considered de facto, so no, she's not eligible.

More support for my view that people should consider living together as just as large a commitment as getting married; in many ways, it has as many responsibilities and consequences as getting married.

 

[klublok]

In NSW, as soon as she's lived with you, you're considered de facto, so no, she's not eligible.

Not necessarily. The scheme states that a "spouse" has the same meaning as given in the Relationships Act as "de facto". Section 4 outlines the factors for determination:

In determining whether two persons are in a de facto relationship, all the circumstances of the relationship are to be taken into account, including such of the following matters as may be relevant in a particular case:
(a) the duration of the relationship,
(b) the nature and extent of common residence,
(c) whether or not a sexual relationship exists,
(d) the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties,
(e) the ownership, use and acquisition of property,
(f) the degree of mutual commitment to a shared life,
(g) the care and support of children,
(h) the performance of household duties,
(i) the reputation and public aspects of the relationship.

The act says that none of these factors should bear more weight than the others - but I think (d), (e) and (f) are very relevant to your situation.

In today's morals and values, just because I have lived with someone for 2 years doesn't mean I have made a "mutual commitment to a shared life" right

Seriously, it depends on the nature of your relationship, and whether you "act" (and fight )like married couples - do you have a common budget together? Share a car? Bank accounts in joint names? bought shares together? etc

 

[Perp]

OK, klubok, forgive me; I was just going by the link which simply states that you're de facto if you've "lived together on a genuine domestic basis", which it certainly sounds as though Dave and his girlfriend have. But you obviously have more insight. Are you able to provide a reference that the FHOG scheme uses the definition as per the Relationships Act?

 

[Propertunity]

The act says that none of these factors should bear more weight than the others - but I think (d), (e) and (f) are very relevant to your situation.

What about (c)?

 

[Propertunity]

The other thing to consider, leaving the "de-facto" part of it out of the conversation, is this:
Realistically if you have not found a house to buy by the end of this month (April 09) then you are probably not going to get a FHOG.
The banks are taking 20 working days just to get a loan application looked at. Then they have to send out a valuer, do a formal approval & issue loan docs. If there is a hiccup anywhere, or a bad pest & building report, and you have to look for another house - it most likely will not happen.

 

[rugrat]

If she wants to be eligible, she should move out and live a seperate life for a while (ie, have completely seperate money). This doesn't mean you cann't still be boyfriend and girlfriend - just not de facto.

 

[stumunro]

how can they prove you had any intimate relations?

Maybe you were room mates?

 

[klublok]

OK, klubok, forgive me; I was just going by the link which simply states that you're de facto if you've "lived together on a genuine domestic basis", which it certainly sounds as though Dave and his girlfriend have. But you obviously have more insight. Are you able to provide a reference that the FHOG scheme uses the definition as per the Relationships Act?

Hi Ozperp

Here is the section of the legislation that deals with spouses. As you can see it refers to de facto as defined in the Relationships Act.

Keep in mind that's NSW, however I am sure it is similar in all states.

 

[Strannik]

they don't have to prove it, they make a decision and the onus to prove otherwise is on you

in QLD it's 2 years after you are considered defacto for purposes of FHOGT

 

[Perp]

Thanks, klublok, for the link.

Still think his girlfriend would be deemed ineligible.