What is defacto for FHOG?

[jenwa]

My boyfriend and I hold completely separate financials (he owns a house all in his name) - we have never done a joint tax return and the closest we have to being tied in a defacto relationship is our joint signatures on a rental agreement for the past 4 months since we have moved to Newcastle (from Queanbeyan!)

So we have only been living together for 12 months.

How extensively do they check up on what qualifies as defacto? At the moment, our electoral and rta details are the same... just curious if a stat dec is needed?

If I sign a stat dec saying that I don't have a defacto - which I wouldn't qualify us as because we each pay our own share of the rent 50/50 and don't have any other linked finances. If in two years we were to marry would there be any backward repercusions?

On the other hand - if we broke up tomorrow I wouldn't want a claim on anything of his and we'd go our separate ways. Does this make us "defacto" in the eyes of the law?

I'm just not that sure and want to check with those in the know...

 

[Peter_Tersteeg]

I could be wrong, but there's a few criteria for being defacto partners, one of them is living together for 2 years, another is combining finances, which you appear to have avoided.

You've probably got a good argument that you're not legally in a defacto relationship at this point and could possibly claim the FHOG.

I really don't know how extensively the checks are, but I've never experienced someone being rejected for the FHOG.

 

[Strannik]

i asked our office the same question
below is the email trail:

> >
> > Hi,
> >
> > We would like to purchase a house and wondering if we are eligible for
> > FHOG and stamp duty discount.
> >
> > We have a following situation:
> >
> > We've been living together for 13 months now.
> > My partner has never owned a property in Australia, however i currently
> > have an investment property and i have received FHOG before.
> > My partner is currently studying, so we will have to have both of our
> > names on the loan.
> >
> > We have called your Brisbane office earlier and they told us that my
> > partner is still eligible for the grant if the property is entirely in
> > her name.
> > The bank has agreed to this arrangement, as they view us as a couple.
> >
> > Could you please confirm that my partner will be still eligible for FHOG
> > and stamp duty discount, in view of the above?

[email protected] wrote:
> > Dear Sir/Madam,
> >
> > Thank you for your email dated 18 December 2008.
> >
> > Section 17 of the First Home Owner Grant Act 2000 provides that all
persons
> > that will have an interest in the property must join in the grant
> > application. All parties must satisfy the eligibility criteria.
> >
> > A full list of eligibility criteria is available on our website at
> > http://www.osr.qld.gov.au/fhog/first-home-owner-grant/eligibility.shtml
> >
> > A person is not eligible if they or their spouse (including de facto
> > spouse) has had a relevant interest in any residential property in
> > Australia prior to 1 July 2000, whether they live in it or not.
> >
> > A person may be eligible if they or their spouse (including de facto
> > spouse) has only ever had a relevant interest in any residential property
> > in Australia on or after 1 July 2000 and they have not resided in that
> > property.
> >
> > Section 9 of the First Home Owner Grant Act 2000 (the Act) defines a
spouse
> > as:
> >
> > (a) married; or
> > (b) a de facto partner
> >
> > (2) A person is a de facto partner of another person only if they are
> > living together as a couple on a genuine domestic basis within the
meaning
> > of the Acts Interpretation Act 1954, section 32DA, and, for at least 2
> > years, have so lived together as a couple.
> >
> > Legislation precludes the Commissioner from making pre determinations of
> > approvals for the grant. The Commissioner will not make a decision to
> > pre-approve the grant on hypothetical situations. The Commissioner's
> > decision is based upon the application lodged together with supporting
> > documentation.
> >
> > It is the responsibility of the applicant to satisfy themselves that they
> > meet all eligibility criteria prior to proceeding with the purchase or
> > construction of their home.
> >
> > Additional information is available on the Office of State Revenue
website:
> > http://www.osr.qld.gov.au/fhog/first-home-owner-grant/index.shtml
> >
> > I have forwarded your email to our Duties area who will respond to
your
> > enquiry regarding stamp duty liability in due course.
> >
> > If you need additional information, please contact this office by return
> > e-mail or phone 1300 300 734.

Hi XXX,

I have read the definition of 'relevant interest' from the OSR website
(http://www.osr.qld.gov.au/definitions/index.shtml), and according to it
I don't have a 'relevant interest' if my name is not on the title.
Can you please confirm that i'm reading that definition correctly?

Cheers,
XX

Dear XXX,

Thank you for your email dated 23 December 2008.

In addition to the defination on the website, generally an applicant
acquires a 'relevent interest' in property when their name becomes
registered on the title to land. This is evidenced by the registeration
confirmation statement once settlement of the transfer has occurred.

For a detailed definition of 'relevant interest' see, Section 8 of the
First Home Owner Grant Act 2000, and Section 3 of the First Home Owner
Grant Regulation 2000. The current versions of these acts can be
downloaded from the Queensland Legistaion website by clicking on the
following links repectively:

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FirstHomOwnA00.pdf

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FirstHomOwnR00.pdf

If you need additional information, please contact this office by return
e-mail or phone 1300 300 734.

Yours sincerely,

XXXX