three years ago, I found out that my dad had purchased a property in mine and my brothers and sisters name (5 of us) without our permission. It is not known how he did it but it is suspected that he forged out signatures and then got the solicitor to sign on our behalf. My brothers and sisters attitude it great, we now have an investment property and do not want to sell because they say dad needs the rental money, but for me it means that my husband and I who have five kids are ineligible for the first home buyers grant (Australia only). My dad said that he set it up with the intent of putting money aside and it was a way for him to collect rental income. He also said that it may (and I mean may) be an inheritance. He did this in 1985, apparently documentation can be destroyed after 7 years. I do not have a relationship with my father, he is a short tempered rude man and tells me to mind my own business when I query how he managed to put this property in our name. He bought it outright at the time. Has this ever happened to anyone, have I got any rights?
It really is our word against his. My dad has asked us to declare the rental income and "gift" him the money, I have refused as I don’t recieve a cent but my brothers and sisters who are all older than me are declaring and are now part of the scam. I have sought legal advice but it seems to have fallen into the "too hard basket". My dad bought the property when our mum died, he sold another property which he was supposed to keep as our inheritance to buy a property worth not very much and divided by 5 is now worth even less. I guess I just have to accept it, how do I sue?? I can’t prove anything, I have no paper work!!! plus they are all scared of dad, so my brothers and sisters won’t so anything and so am I!
Are you thinking about selling your home yourself? then
Let me preface this by saying I’m not a lawyer and I’m not familiar with Australian law. Nevertheless:
If you were a minor at the time the purchase occurred, it’s possible your dad had the legal right to purchase the property in your name. In fact, at least in the United States, it’d be necessary; someone under 18 can’t sign a legally binding contract. That’s not excusing his behavior, but it may have been legal.
You may have problems other than an inability to get a first time homebuyer grant. (Although it could be argued that with the paperwork destroyed or unavailable, that no one can prove YOU bought the property. And if you were a minor, then it becomes pretty clear that you couldn’t have bought the property on your own.) In the United States, at least, if you’re deriving rental income from a property, you owe tax on it. Your dad wants you to gift him the rental income, though you say you don’t receive a cent. Well, you may not RECEIVE a cent, but if your name is on the deed and there’s rental income, you may be responsible for the taxes on the income. That could mean you’d be responsible for taxes on income (that you didn’t receive) for the past 23 years.
If I were in your situation, I’d check with another lawyer about trying to straighten the ownership issues out. I’d also check with a tax lawyer to find out what my exposure might be to a lot of income that you never received (and which your dad almost certainly wasn’t paying taxes on).
Hope that helps.
There is no evidence you are telling the truth that you didn’t sign it. Not saying you’re lying or anything.
See a laywer!
At the very least you have the right to a share of the rental income over the years.