ELDER LAW: Granny flat gone wrong #1
Description
CASE: Hughes v Sangster [2019] ACTSC 178
Christine Hughes and her daughter Martell Sangster decided to combine their finances and buy a house together.
Christine contributed 100% of the purchase price, but was only registered on title as owning 50%. Martell had promised that she would pay her mother 50% of the purchase price as soon as she sold her existing house.
They all moved into the new home together: Christine, her daughter Martell, Martell's husband Dr Sangster and their three children.
Several years later, the arrangement ended and for years Christine and her daughter disputed over how the proceeds from the sale of the house would be divided. Martell had only ever paid for 5% of the original purchase price but she was the registered owner of 50%.
It was up to Christine to prove to the Court that was entitled to more than 50% of the proceeds.