All Topics / Help Needed! / Ineligible for FHOG after marriage?

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  • Profile photo of vitz_n1vitz_n1
    Member
    @vitz_n1
    Join Date: 2012
    Post Count: 2
    October 27, 2012 - 3:10 am

    Hi there,

    Im new to this forum so first of all, hello to you all.

    I have a question im hoping that some of you may be able to assist me with. In May 2011 i signed a building contract for an off the plan apartment. At the time my mortgage broker told me that i could use the FHOG as a part of the deposit for a property. I called the state revenue office and confirmed my eligibility and sure enough… all was good.

    Since this time a few things have changed, 1. The FHOG no longer exists & 2. i met a partner and am now engaged (she has used her FHOG).

    I have called the state revenue office to discuss my situation and ask if i was still eligible for the FHOG and these were the answers in relation to the above 2 points.

    1. Im still eligible as i signed the contract prior to the expiration of the FHOG offer.

    2. I am ineligible as my partner and I are assessed as one and she has used her FHOG. He also said "just put single on the form if you're not married yet".

    My question is, what are my options here? I was relying on that 20k and can honestly say that i would not have signed the contract if that incentive didn't exist…. now ive met someone and i lose 20k. I didnt even know my partner existed when i signed the contract of sale.

    My wedding is booked to take place 1 month after the scheduled completion of the construction so it could be water under a bridge if i indicate im single, but if not, do i have a leg to stand on in relation to applying for special consideration for the grant?

    Thanks in advance,

    Ryan

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856
    October 27, 2012 - 9:44 am

    If you are not living with your g/f at the time of settlement, then you are still eligible for the FHBG. Depending upon the date you signed and applied for the FHBG will depend upon what amount that you will get.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    October 27, 2012 - 10:28 am

    You can't break the law just to get $20k.

    Look up the FHOG Act and you will see the definition of "spouse" – which may be in another act such as the Acts Interpretation Act. Then see if you meet the definition. If you are not living together in a domestic relationship then you will probably not be spouses and would probably still qualify.

    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 vitz_n1vitz_n1
    Member
    @vitz_n1
    Join Date: 2012
    Post Count: 2
    October 30, 2012 - 7:00 am

    Thanks very much for the responses.

    That is basically what the guy at the SRO told me. I guess what i am trying to understand is, do i now have to put off my wedding until the construction has been completed? It doesn't seem right so im just trying to understand my chances of getting approval under a "special circumstances" request for the grant? Does anyone know the likelihood of this being approved?

    Thanks again,

    Ryan

Viewing 4 posts - 1 through 4 (of 4 total)

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