Possible FHOG and FHB duty exemption implications for girlfriend?

Discussion in 'Legal Issues' started by jaymelb, 23rd Jan, 2018.

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  1. jaymelb

    jaymelb New Member

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    After saving for years I’m in a position where I am starting to look at buying my first property/PPOR where I will be hopefully taking advantage of both the HFOG and the FHB duty reduction.

    I’m currently in a ~2 year relationship, however we are both very independent: Both currently rent/live separately and have no shared finances.

    Will this make her ineligible to the FHO benefits in the future? What if she were to move in? Whilst this isn’t an issue if we stay together; I just don’t want my individual purchase to affect her ability to buy a property in the future if we ever part ways.

    I did try to find the answers on the SRO website and also by searching the forums but came up empty.

    Thanks in advance.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Are you spouses?
     
  3. jaymelb

    jaymelb New Member

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    To be honest, I'm not sure what the exact legal definition is but I would assume so.

    This is what made me ask the question, but having re-read it; in this hypothetical I would be an "ex-partner" and therefore she will still be illegible?

    Apologies for stupid question(s)
     
  4. thatbum

    thatbum Well-Known Member

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    If you aren't cohabiting or there isn't much financial intermingling, then that does seem to rule out two of the bigger factors that go towards a definition of de facto - but individual circumstances may vary.

    The other thing is, from the wording of the rules - I'm pretty sure its all in present tense for a current applicant for a grant - so if you haven't owned any relevant property and your current spouse or de facto is eligible as well.

    Probably check that though, since I don't have it in front of me.
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    From the duties act - takes a few steps to get to this

    "domestic relationship "means—

    (a) a registered domestic relationship; or

    (b) a relationship between two persons who are not married to each other but who are living together as a couple on a genuine domestic basis (irrespective of gender);

    DUTIES ACT 2000 - SECT 3 Definitions

    If you are not living together you are probably not domestic partners.

    "domestic partner" of a person means a person with whom the person is in a domestic relationship;

    This seems to the same definition in the duties act and in the First Home Owners Grant Act
     
  6. Ed Barton

    Ed Barton Well-Known Member

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    What about "sleepovers"? Your posted definition seems to exclude thruples from being in a domestic relationship.
     
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  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Thinking of setting up a polygamous household?
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    are they "living together as a couple on a genuine domestic basis "?
     
  9. Ed Barton

    Ed Barton Well-Known Member

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    I'm not averse to it and wouldn't be the first time. I had a thruple relationship in my 20's.
     
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  10. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    But you probably had sideburns back then?
     
  11. Scott No Mates

    Scott No Mates Well-Known Member

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    ...and hair (not growing out if his ears).
     
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  12. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    The terms "living with a ball and chain" was the common expression until lawyers adopted a nicer way of describing the issue. Thats common law in practice.