Hi,
My wife and I live on a property which is co owned by my wife and our daughter and her husband. However 5 years ago our relationship with our entire family broke down. Since then, our daughter has alienated us from seeing our grandchildren who live in their home less than 100 meters from ours.
Our daughter through her solicitor filed an application for a Statutory Trustee to be appointed to sell our property and because my wife who by trying to help our daughter get a loan to build their home next to ours, went on their Mortgage to secure their loan (but it was in name only) my wife has never paid a cent. This was always our agreement. However, now that she has a solicitor he, concocted a lie, on order to our daughter more of the sale proceeds, my wife has to pay 1/3 of their $250,000 mortgage. Not only that but because only my wife's name is on the title deeds with our daughter and her husband, we only get 1/3 of the sale proceeds.
My question is do I have an Equitable Interest claim on our property, which would see me getting my share of the proceeds as compensation for the 100,s of hours labour and my money that I put into our property to improve the amenities and value?
My wife and I live on a property which is co owned by my wife and our daughter and her husband. However 5 years ago our relationship with our entire family broke down. Since then, our daughter has alienated us from seeing our grandchildren who live in their home less than 100 meters from ours.
Our daughter through her solicitor filed an application for a Statutory Trustee to be appointed to sell our property and because my wife who by trying to help our daughter get a loan to build their home next to ours, went on their Mortgage to secure their loan (but it was in name only) my wife has never paid a cent. This was always our agreement. However, now that she has a solicitor he, concocted a lie, on order to our daughter more of the sale proceeds, my wife has to pay 1/3 of their $250,000 mortgage. Not only that but because only my wife's name is on the title deeds with our daughter and her husband, we only get 1/3 of the sale proceeds.
My question is do I have an Equitable Interest claim on our property, which would see me getting my share of the proceeds as compensation for the 100,s of hours labour and my money that I put into our property to improve the amenities and value?
