Joint owner with mum need legal advice please asap!

Discussion in 'Legal Issues' started by Magz, 31st May, 2015.

  1. Magz

    Magz Member

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    Bought a house through foreclosure and auction 31 Oct 2014. Both mum and i are the owners. Joint. 50/50 right? I need help. My brother who is 19 pays board to mum every fortnight of 200. Is it my right as co owner to recoup what I am owed? I can't talk to her. She acts like a damn child and says I have no rights cos the mortgage gets direct debit from her account. I pay her weekly for my share. Always have. I have no bloody money anymore. It's like I'm paying for 4 people now instead of 2. I also have an 8 yr old daughter. I don't go in the lounge room even cos that'd mums friggen domain and i stay in my room all day. My brother said in front of mum he doesn't classify me as owner cos I'm nothing to him. Wtf??? Help me please I want to know my legal rights as joint owner. I'm over it. My meds have gone up and doc gives me 50 valium a month now... Obviously affected but does mum care? Pff. Please help me :( I was very well manipulated in this and I want my rights.
     
  2. thatbum

    thatbum law talking guy

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    Shouldn't you be asking a lawyer then instead of randoms on the internet?

    What have you tried so far?
     
  3. Magz

    Magz Member

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    It's Sunday mate the huge fight happened Friday night. I've been crying and trying to talk but nothing. Please read my whole post. I'm not stupid I was manipulated by my own mother
     
  4. Terry_w

    Terry_w Member

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    Sounds like a family dispute that needs working out between the parties.

    Stop paying and see what mum does.

    You ultimately have 3 choices
    1. work it out
    2. stop paying and let the bank take possession of the property
    3. apply to the supreme court to appoint a trustee to sell the property.

    1. won't cost much at all
    2. will hurt you for years to come
    3. will cost about $40k plus.
     
  5. Perp

    Perp Member

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    Do you own jointly, or as tenants-in-common?

    Are you saying that you all live in the house - you, Mum, your daughter, and your brother?
     
  6. pinkboy

    pinkboy SS Lookerafterer

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    Manipulated or not, you still signed all the docs for purchase. Nothing can undo that now.

    Mr. Bum above is a Solicitor, and asked you a direct 'What have you tried?'. He's is establishing at what stage of mediation you are up to in the situation.

    Mixing family and business is always going to be testing. If you can't amicably resolve this you will probably have to sue your mother, or depending if we are getting the whole story correct, you could be sued by her if you disrupt payment etc.

    From what your post reads, you want half of your brothers contribution to use for expenses of your own (including going towards the mortgage)?

    pinkboy
     
  7. Magz

    Magz Member

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    We are joint owned so join tenant or whatever. Who dies first goes to the other.
    Should I really not pay? Won't that hurt me?
    Yes we all live here. 5 bed 2 bath ensuite in bro room.

    My daughter is 8 yrs old

    So fees and that will only be 40k? We already have potential for a profit. Mum is also saying she wants the 50k deposit she put down... Sigh it's joint. Half half. I've been ur carer for years gave up my life for years to look after you far out it hurts so much
     
  8. Magz

    Magz Member

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    Yeah, she's only paying 168 a month on the mortgage. Bro and i paying the rest. Yes I would like half because bills are all in my name :(
     
  9. Perp

    Perp Member

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    What was your agreement regarding how many bedrooms you'd each have etc.?

    If you and your daughter have a bedroom each, then it seems reasonable that your Mum could rent out her "spare" bedroom to your brother, but it depends what you'd agreed.

    Am I right that she put down a deposit and you didn't? Is this recorded as a loan of $25K to you? What did you agree with regard to the deposit?
     
  10. Magz

    Magz Member

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    No agreement on anything. I was told not to spread the word of us buying a house until settlement was done. Now I know why.
    Yes she put 50k that she got from her workcover pay out. Her deposit and my income. They wouldn't give her the money even with 50k cos she doesn't make anything.
    I just want a bit more as I am paying for everybody. Since I'm paying for everyone I would like a bit extra so I can be up to date with the damn bills. Try telling her that. Sigh.
    There was no agreement on anything. We wanted to live together so I can look after her better. Nothing else was discussed.
    Also if she has that right to rent out her share then shouldn't he have a normal bedroom without ensuite and air con in his room and I get no contribution from both of them with bills.
     
  11. Perp

    Perp Member

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    I'm not sure how a court would even work this out, given that you have no agreement. I know it's a bit late, but you really should have gotten legal advice, and had the terms of your joint tenancy documented.

    If it's to be a long-term agreement, for example, has it occurred to you that if you die before your Mum, your Mum would own the whole house and your daughter would have nothing?

    As you haven't been there terribly long, and your Mum's put in $50K, and you've put in << $50K, it seems to me like the most sensible thing to do is to move out and have yourself removed from both the title and the mortgage, but even doing that is likely to require legal action. (In the absence of your Mum agreeing, which I presume she wouldn't.)

    Sadly, you're in a real pickle. As Terry rightly points out, by far the cheapest option is to get some counselling or something and sort it out. And once you've done that, document an agreement about who gets what of boarders'/tenants' income, how many rooms you each have, who pays what of the expenses, etc. And see if you can do something to protect your daughters' interests!
     
  12. Magz

    Magz Member

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    Thank you. I hope I can get some sort of contract written out maybe sigh I feel so stupid
     
  13. Magz

    Magz Member

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    Oh and yes if I die first goes to mum
     
  14. Hooray

    Hooray Member

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    Why would your mother sign it now?
     
  15. Magz

    Magz Member

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    Because I thought she was my mother. Please stop. I'm already contemplating suicide I'm over it I gave years of my life because I love her. It hurts so much. I can't handle it
     
  16. Terry_w

    Terry_w Member

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    And your daughter will have to mount a family provision challenge to get some of your assets. Costly in terms of money and relationship breakdowns.
     
  17. Perp

    Perp Member

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    Please think of your daughter, and if you're seriously contemplating suicide, call Lifeline on 13 1114 immediately.
     
  18. Terry_w

    Terry_w Member

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    Why not call a family meeting and say you do not think it fair that
    - brother's 'board' goes to mum in full
    - mum doesn't pay half the loan expenses
    - what will happen if you die or mum dies.

    If mum dies your brother misses out. If you die your daughter misses out.

    - who pays the bills
    - non financial contributions such as who cooks, who cleans, repairs,

    Who pays what, who stays there, who gets what bedroom are all private decisions that need to be decided by the parties owning the property and living in it.

    If you can't agree then the only option may be to sell the property.
     
  19. Magz

    Magz Member

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    I took a valium. Sorry. I think the only option is to sell
     
  20. bellz

    bellz Member

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    If you hold as joint tenants, you could sever the tenancy so it is converted to tenants in common - each party still owns half each, but in the event of either owner passing away, the will of the deceased dictate who gets the half share owned by the deceased.

    That way, you could leave your half share in the house to your daughter in the event of your death. Something to think about??