I was planning to see a lawyer regarding about a problem about money, property. If you gave your partner/girlfriend a large amount of money, and it was transfered via bank from my account to her account in many transactions and this money was used on purchase for property under her name, would it be possible to retrieve the money back? Cheers.
Seeing a Lawyer? (Money, Property, Relationship)
DEvok on 08/09/2015 - 16:00
Last edited 08/09/2015 - 17:56 by 1 other user
Last edited 08/09/2015 - 17:56 by 1 other user
Comments
See a lawyer, not OzBargain Legal Services.
Short answer to your question; it depends.
You'll need to weigh the money "loaned / gave" v the money you will spend chasing that money. Bank on spending $15k up to an including your first day in court.
Lesson learned. If it flies, floats or f…, you're better off renting.
This is something to talk to a lawyer about.
A reputable lawyer will have a first meeting with you, and give their opinion on whether it is worth pursuing, for nil or nominal charge.
You may have a very strong case if you are married or have de facto partner standing, otherwise, you might have a claim depending on the agreement you made (whether written or verbal).
Go see a lawyer.
No lawyer here. But know there was precedent case of the kind had been won in high court (overseas). Result will vary depend on many factors, so this is no clear yes or no answer. I would think an important factor will be the intention - reason to pay for the property under her name. Was it a gift to her? Was it a loan? Was it under special circumstance that the property was only under her name? Do not think you can get a gift back.
Law is different in different countries - with my limited knowledge I believe, in Australia, ownership belongs to the name of title. In other countries, it could be determined by who actually pay for the property.
I'm not a lawyer but I don't believe you would be able to get it back. However it would depend on probably a million things
What the original intention of transfer was
Why the property is in her name
etc
Even if there were lawyers on OzBargain with the info you've given it is impossible to say.
Speak to a proper lawyer but you are going to be spending at least $10-15K to have a few meetings and to spend time in court should it come down to that.
You should seek legal advice but I am 99% sure you should be able to get your money back. Look up some of the principles of equity law. Essentially you have an equitable claim over the money you have transferred to her for the property as well as a right to any appreciation on the property value, if any.
This is not legal advice though… Speak to a lawyer.
Agreed, it shouldn't be hard to find some rule or precedent under equity.
They might even be able to prevent the property from being sold until the dispute is resolved.
You'd want to make sure that its a worthwhile amount of money to go after.
Lawyer fees aint cheap!
So… wait. You were giving your partner money for a specific purpose and they took this money and misappropriated it, using it to buy themselves property?
or
You were GIVING your partner money, to live, allowance, whatever, and they took this money and used it to buy themselves property?
Why is it a large amount in many small transactions?
Maybe a defacto who they helped buy a house as a 'first home buyer' so the monies had to be hidden? Now they have split they want there half of the house?
Just speculation - but if they don't tell us it will just get wilder.
If a tree falls in a forest and no one is around to hear it, does it make a sound?