FHOG and partners, when does their history become yours?

You will have to look up the FHO act in the state of the property and work through it to find out. Also look at the definition of 'spouse'.

Hi Jazz

Requirements and definitions do vary a little from state to state I think, but all are clear that you can only apply once construction has completed, ie from May 2011. So I don’t think its relevant that he had no spouse when construction began… Its relevant he had a partner at time of construction completion, and some states define spouse as de facto from 12 months, others 24 months, all include spouse once married ie June 2011.

If he was to sign the application form today, I am fairly sure he would legally have to declare that he now has a spouse – you have to sign you have provided correct information, or they can reclaim the grant off you down the track…

However if there was some legitimate way to backdate the documents to pre-wedding and submit post-construction and pre-wedding, maybe its possible?

I wouldn’t rely on a verbal indication from one phone call – not if its anything like other government departments. Ring on 3 separate occasions, and each time note the name of the person you spoke to, date and time of call.

I avoided this situation personally by getting my husband to purchase our PPOR in his name prior to our wedding and claim the FHOG for himself, we had a nine month window between him getting permanent residency and being eligible and us reaching the de facto time limit.

Hi Tomatoz,

As far as I am aware, the important thing about the relationship status is that you are classed as single at the time of makingthe FHOG claim and at settlement of the property. If you get married months afterwards it should not affect your entitlement to claim…

My hubby got permanent residency in March 2010, so got everything ready with the broker then, found a place in april/may and it settled in June 2010. In December 2010 we would have officially been classed as de facto, although it could be hard for the government to prove that as we had no leases signed in joint names. We were married in March 2011.

Double check the requirements for your state, surely the requirements are only applicable for when you apply for FHOG. and just ensure that you’re not defacto in their definition, some states could be 12 months and other 24 months in a cohabiting relationship.

Good luck, and congratulations on your upcoming wedding!

I was curious so looked it up for NSW

Spouse is defined at s 6

FIRST HOME OWNER GRANT ACT 2000

http://www.austlii.edu.au/au/legis/nsw/consol_act/fhoga2000250/s6.html

basiclally if includes some you are legally married to or de facto to.

for the meaning of defacto it sends you over to the Acts Interpretation Act, s 21
http://www.austlii.edu.au/au/legis/nsw/consol_act/ia1987191/s21c.html

(2) Meaning of “de facto relationship” For the purposes of any Act or instrument, a person is in a "de facto relationship" with another person if:

(a) they have a relationship as a couple living together, and

(b) they are not married to one another or related by family.

(3) Determination of “relationship as a couple” In determining whether 2 persons have a relationship as a couple for the purposes of subsection (2), all the circumstances of the relationship are to be taken into account, including any of the following matters that are relevant in a particular case:

(a) the duration of the relationship,

(b) the nature and extent of their common residence,

(c) whether a sexual relationship exists,

(d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them,

(e) the ownership, use and acquisition of property,

(f) the degree of mutual commitment to a shared life,

(g) the care and support of children,

(h) the performance of household duties,

(i) the reputation and public aspects of the relationship.

No particular finding in relation to any of those matters is necessary in determining whether 2 persons have a relationship as a couple.

Bloody hell, the formatting changes when posted
have a look at http://www.austlii.edu.au/au/legis/nsw/consol_act/ia1987191/s21c.html

Note, it doesn't say anything specific about time. Just that the duration of the relationship can be taken into account