In episode 12 of our podcast, Growing Stronger, Tanya Chapman discusses a case where a mother and daughter decide that they’re going to live together and they’ll each contribute 50% to the acquisition of the property.
The mother pays for it all upfront. Seven years later, when the daughter moves out, she still owns 50% despite only having paid about 5%.
What can the mother do to get her fair share?
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Case: Hughes v Sangster  ACTSC 178
1. This is a brief summary of the topic and the case law covered in the episode and is not a full transcript of the recording.
In the case we are covering today a mother and daughter decide that they’re going to live together. They’re going to purchase a property and they are each going to pay 50% which is $190,000 each. But the daughter only contributes $20,000.
Seven years after they began living together, they agreed that the daughter and her family would move out.
They hold the property 50% each. But the mother – who paid about 95% of the purchase price – wants her fair share of the property.
Can she get it back?
The daughter makes several arguments that she did pay for her share both financially and by providing her mother with domestic assistance. She also argued that they had varied their oral agreement and the mother had agreed that the daughter didn’t need to pay the balance for her share.
When so much of the agreement is spoken, how can you prove who is telling the truth?
I’ve named this episode “Granny Flat Gone Wrong #1” because I plan to do a couple of granny flat cases to demonstrate the numerous ways a granny flat arrangement can be structured and the numerous ways it can fall apart.
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