All Topics / Help Needed! / Disability changed my property situation – any advice please?

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  • Profile photo of valmondvalmond
    Member
    @valmond
    Join Date: 2012
    Post Count: 3

    Sorry if this is all a bit confusing and long winded, but here goes: My hubby and I have property as follows: Home valued at $400,000, investment unit valued at $290,000. Our mortgage is $320,000. I have a disability which has progressed to the point where, after years of fighting, I have to give up my job.

    Having paid taxes for 30 years, my doctor insists I apply for a disability support pension, which I am going to do, at least for a while (I am still hoping to find some suitable work but it seems almost impossible).

    So we have elected to sell our investment unit. My 70 year old father and his 57 year old wife (who lost their home due to a dishonest business partner some years ago), would like to buy this unit, but cannot get finance due to my fathers age. He is a self-employed tradesman, very fit, earning good money and will able to work for at least another five years.

    His wife, although also working, does not qualify for mortgage finance on her own. I want to help my dad, and my husband and I are willing to transfer the sale price of the unit (agreed at $275,000) to a sub-account on our portfolio loan, which the rent will then go into and my father and his wife will pay the balance.

    We will sign legal documents to the effect that both the property and the debt are the legal responsibility of my father and his wife – but will this be enough evidence for Centrelink or will they still deem my husband and myself as owners of the unit and responsible for the debt?

    I know we could sell privately buy my father has been wonderful to me – adapting our home to make life easy for me and providing endless support through some bad times. I would like to see him have a home to retire in, and this may be his only chance. But I can't do this if it means my husband and myself will be unable to live comfortably until I at least find (hopefully) an employer willing to take a chance on me again. My condition requires a lot of special accommodations and not many firms will make these type of allowances.

    I have tried to talk to Centrelink and gotten many different responses. I admit that I have ended up in tears of frustration at times. So I thought maybe forum members had some advice or had experienced something similar?

    Any advice, even something very small, would be such a help to me. Many thanks.

    VJ.

    Profile photo of Jacqui MiddletonJacqui Middleton
    Participant
    @jacm
    Join Date: 2009
    Post Count: 2,539

    Hi VJ

    Sorry to hear about your situation.  Sounds tough :(

    Forgive me for not understanding entirely… but what has Centrelink got to do with it?  My understanding is that when applying for the disability pension, you are a couple is permitted to have up to $273k in assets, not including your own home.  http://www.humanservices.gov.au/customer/enablers/assets

    Sounds like this is roughly what the unit is worth, so you might be able to keep it and still claim the pension.  Is there a reason you wish to sell the unit?  I gather you just want to clear the mortgage on your own home?

    Jacqui Middleton | Middleton Buyers Advocates
    http://www.middletonbuyersadvocates.com.au
    Email Me | Phone Me

    VIC Buyers' Agents for investors, home buyers & SMSFs.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    a few comments

    Go and see a broker about your dad and his wife qualifying for the loan. Stamp duty would be payable on the transfer to your dad at market rates, but you could transfer it for whatever price you want.

    Selling property for under market value can give rise to centrelink issues.

    Your loan agreement will probably prohibit you reassigning the loan without the bank's permission. And transferring the equitable ownership of the property would be a breach of your mortgage agreement too and would result in stamp duty.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of thecrestthecrest
    Participant
    @thecrest
    Join Date: 2004
    Post Count: 992

    Hi VJ.

    What kind of employment and hours and conditions and ability / disability are you talking about ?

    Maybe someone here can help with that too.

    Cheers

    thecrest

    thecrest | Tony Neale - Statewide Motel Brokers
    http://www.statewidemotelbrokers.com.au
    Email Me | Phone Me

    selling motels in NSW

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