hi all, please respond with my situation
i got married with an australian citizen in 2009, befor marriage my spouse bought a residential property and once i arrived in victoria after marriage in jan 2010, istayed at that property for few months and went back overseas. He recieved FHOG on that property. He continued living in that property and sold it of after 1 year of continuous living, while i was overseas.I came back again to victoria in 2010 as a permanent resident for few months in july and went back again, before he sold the property.
After he sold the property, we have been renting since then. Now we are separated and i'm planning to buy a house, will i be eligible for FHOG in any state.
Kindly reply
Hi Jasmeet
Firstly welcome to the forum and i hope you enjoy your time with us.
The FHOG is a Federal Govt Grant which is administered by the indivdual States.
In saying the interpretation of the rules are similar and from readying your situation i hate to say I don't believe you would appear to qualify.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
Hi Richard,
You might be incorrect there. I think if you are divorced/separated and haven't had an ownership interest in residential property before (i.e. spouse owned outright) then you might still be eligible for FHOG.
Either way I suggest that Jasmeet contacts her relevant State Revenue Office and asks them about her scenario.
Cheers
Tom
Thnx Richard And Plc for your views on the issue
I never had any ownership rights in my spouse property as it was bought before marriage and neither my name was on any loan documents. So now i have two different answers, has anyone else been in this situation before, just let me know.I just want to be sure before i rang up SRO guys.
Without looking at the legislation…. I think you could possibly qualify if you or your current spouse has never owned property before.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Tom
Always happy to be corrected and agree if in doubt check with the OSR in your State.
Had one recently where a client was buying a multiple dwelling as their first home and renting 3 of the 4 units out.
Reading the legislation i wouldn't haven't thought they would have qualified but the OSR were quite happy and the clients were some $7K better off on settlement.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
thnx terry
In my situation my previous spouse has owned a property and claimed FHOG on that property, but i was not married to him when he got fhog, neither i was on loan papers but was married to him when he sold it.
jasmeet wrote:thnx terryIn my situation my previous spouse has owned a property and claimed FHOG on that property, but i was not married to him when he got fhog, neither i was on loan papers but was married to him when he sold it.
Best thing to do is to look at the legislation. First Home Owners Grant Act in the state in which you are purchasing.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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