Thursday, July 29, 2010

Legal advice required - Property Question...please only answer if you have legal knowledge!?

I was in a de facto relationship with my partner who is now deceased. At the time of purchase, I contributed a small portion of the purchase price, he payed the larger portion and proceeded to register legal title only in his name. He told me however that he always considered the property half-mine given both my financial and household contributions. In his will however he left his property on trust for our local cricket club. I don't think this is fair given my contributions to the household and also the fact that I had committed my time holding weekly lunches for the club. Do I have any kind of legal argument?Legal advice required - Property Question...please only answer if you have legal knowledge!?
Promises, promises. I am sorry for your loss. I am sorry that this man didn't provide for you as a real man would have. If you could prove a portion of the purchase price you might be entitled to a portion, but your legal fees would probably end up costing more than your contribution. This has to be chalked up to a hard lesson learned at at steep price. Marriage would have prevented this, as would him caring enough to provide for you in his will. I'm sorry.Legal advice required - Property Question...please only answer if you have legal knowledge!?
i always tell people when it come to law, its doesn't matter if you thinks its fair or not. If the contract states x, y or z then that what its. In short, in your situation without know the exact particulars, based on the info provided if his trust said x, y and z then you are out of luck. you see x, y, and z is a legal document and now the burden of proof is on you, the courts will recognize the trust. sorry, best ansa, seek an atty in your town
You DO have a valid argument based on a constructive trust, regardless of what is shown on the title. I come across exactly these arguments at least once every year but I need to know which state you live in to assist you further (assuming you live in Australia, as your question came up as an Aussie one).
I suggest asking http://www.lawyers.com/ask_a_lawyer/ask_鈥?/a> for legal advice.
If you are saying you think you should het the house, you cannot if the house was only registered in his name, and in the will he left it to the cricket club..
Unfortunately not. Titled solely in his name gives him exclusive control over the property, also allowing him to will it in any way he saw fit. Sorry :(
Did you not have a look at the will at the time it was made??





Since he has left everything to the cricket club there is not that much you can do other than have proof that you paid for the house as well and that you were his de facto partner and that couts for something then maybe you can get yourself a good lawyer who can state that to the judge and you can perhaps claim some money out of it. That is why I think it's so important that people are aware of these things, put everything in writing and get both parties to sign, even lending money out. I do agree with you that isn't not fair because you did contribute and therefore are entitled to your share.





If you can't afford a lawyer you can get legalaid. I think you do have a case here but it all depends on the judge and your lawyer how he/she represents you. Good luck and I hope you get someting back.
A LOT depends on what state your in--in any legal dilemma generally, and in this case specifically. States differ widely on issues like this. Some states (california for one, i think?) recognize common-law marriage--that is, if you've been living together for a certain amount of time, been splitting bills, basically been living for all intents and purposes like a married couple, a court may recognize certain legal rights akin to spousal rights in the couple, including rights of inheritance. You say ';partner';; if you're in a homosexual relationship, I'm not sure how these laws apply, particularly in more conservative states with no marriage rights or civil union statutes.





Barring this, I seem to recall a similar case from law school (it seems so long ago!) wherein a guy was living with a woman for quite a while, she paid certain bills--the taxes, the utilities, groceries, etc.....but the house was in his name, and upon his death she was awarded some equity in the house. This is a vague recollection, but if you're just wondering whether you should seek out an attorney or do more research on your own, i would say definitely do so as the situation you're describing has decent (though not strong) potential for some sort of legal claim on the property.

No comments:

Post a Comment