Can a house be sold without money changing hands (odd family situation)

Well if I agree to transfer a house to you for $290k and made the transfer but you haven't paid - you still owe me $290k.

 

Does that have to be evidenced in writing as it relates to real property?

 

The 290k is the amount stamp duty was paid on, not who got what payment/s.

I have said to people before that you can only take amounts shown online as a rough guide, no one knows the actual deal.

 

The transfer of title is in writing, but the debt arises because it hasn't been paid so this doesn't need to be a loan agreement for example. But debts can be forgiven orally.

 

To the OP

All you can do, is ask the family member/s to disclose and show all documents and supporting payments etc, they are not obligated to show you, but that would clear things up pretty quick.

Otherwise, you need to get legal advice & to be honest, unless there is a death soon, I can't see how you or anyone can contest this unless a known medical mental condition etc exists & then your going to have to pony up the funds for a case.

Being a rotten sod of a relative, if that is the case, is not a crime.

 

Does he have a will?

Maybe it was his intention to leave it to this person and has just bought it forward?

 

If NSW see
Protecting yourself from elder abuse | Elder Abuse Helpline & Resource Unit

each state has a similar elder abuse unit (its a growing trend).

 

A lot can be done, and at little to no cost.

for example someone could apply to the relevant tribunal for a guardianship order or a financial management order if the person is unable to handle their own finances.
In NSW see Guardianship Division Fact Sheets

This can be done witht using a lawyer.

For assets already transferred it could be fraudulent and the transaction reversed.

 

We've discovered the property was gifted for zero consideration (thus it possibly falls under NSW notional estate laws).

We've been advised to apply for guardianship and financial management via ncat.

It is extremely difficult to move forward - his condition is such that he is non-cooperative and it appears we cannot legally force him to be assessed. How this works with ncat, we don't know.

 

No will. It is evident from his communication with one sibling that he has made this property transfer with the explicit purpose of removing it from the estate.

 

You stated above that the transfer showed consideration of $290k.

 

It does, however no money changed hands. He was not paid $290K. We have confirmed this. No other financial arrangements in place. He gifted the property - I have no idea why the transfer document says $290K consideration when that didn't occur.

Is it a legal requirement that the transfer document reflect reality?

 

See my points above. He promised consideration, but it still hasn't been paid. Does that mean the house was transferred for no conisderation OR does it mean the house was transfer for full consideration but this was forgiven.

I don't know the answer but it could mean things turn out differently in any family provision claim.

 

He wasn't promised consideration. He has made it clear he gave the daughter the house. The transfer document actually has $1 crossed out and $290,000 written in.

 

Sorry for all the questions... have never dealt with this kind of stuff before.

The transfer document is undated. How can I verify when the transfer took place? Anywhere I can check with?

Also, is it common for a lawyer to sign that they witnessed the transferor sign the document when in fact they didn't? We've discovered the father hasn't left his home town for more than four months straight yet apparently drove seven hours north to sign a transfer document in the presence of a lawyer, shortly before major surgery. It appears he did not make this trip and the paperwork has been filled out elsewhere and then "witnessed" by the lawyer at a remote location to him.

 

Hi It would be a serious criminal act for a lawyer to pretend to witness something that htey didn't. They would be stuck off as a lawyer. Believe it or not some lawyers actually do this and are struck off.

The transfer should have a date on it, if not you should be able to see the date title was transfer on the certificiate of title.

 

@Terry_w - if the person is unconscious/non-corpus mentis etc, they cannot give consent so how does this differ if someone refused to give consent for assessment (they may not be lucid or otherwise capable of giving consent)?

 

No date on transfer.

I have done a title search with infotrack. Is this the same as a certificate of title? I think it is... only dates are:

Search date, time, edition number (4) and date (19/04/2017).

I've had a look online but can't see any extra title search information that I can obtain that may contain a date. If there is no date on the transfer, what date does State Revenue record?

 

Not sure what you mean SNM

 

As per my message, sounds like this is what he decided to do, if he has no known mental illness, I do not see how a person cannot decide what to do with own property, if he gave it away for a dollar or whatever, that seems to be a right.

Put yourself in same situation, you decide who and where your property goes, if person is alive and managing own affairs, then, no matter how hard to swallow, seems within his rights.

If they cannot manage themselves, that is different.