As you get older you may find that living alone in your own home is no longer working for you. You may want to be closer to your adult children for companionship and support.
There are many reasons why older people decide to live with their children.
You may decide to enter into what is called a ‘granny flat arrangement’. This is usually an arrangement between you and your adult child where you make a financial contribution to a property in exchange for the right to live in the property. It might involve the construction of a separate dwelling on your child’s property or renovations to the existing property. Or it may involve you selling your home and buying a new home for you and your family to share. It may also include an agreement that they will provide you with physical care and support.
These arrangements often work out well. However problems can arise if you haven’t considered what would happen if the circumstances change or if there is a dispute about what you and your family have agreed to.
The problems that can arise if you haven’t protected your interests include:
There are some things you can do to make sure that if this arrangement doesn’t work out as planned, your right to a share of the property (your ‘legal interest’ in the property) is protected.
These tips can also help you avoid stressful and expensive legal action down the track:
Most people don’t think about putting things in writing or getting advice from a lawyer when making agreements with family members. However it is a good idea to have a formal agreement whenever any arrangement involving significant money or property is involved – regardless of who the agreement is with.
Wanting a formal agreement doesn’t mean you don’t trust your family. Even if you are confident that your relationship with your family member won’t deteriorate there are good reasons why you should have a formal agreement:
You should get independent legal advice before you make any decisions to move in with your family. This means seeing a lawyer who has not also been seen by your family, and speaking to the lawyer without anyone else in the room.
A lawyer can help you with a written agreement and give you advice about what else you can do to protect your interests.
The cost of getting this advice may save you much more money in the long term if things go wrong.
When preparing a family agreement both you and your family need to understand what is being agreed so there will be no misunderstandings down the track. It is also important to anticipate what would happen if the arrangement is no longer workable or if things happen in the future over which you have no control.
For example, you should think about what would happen if:
If you have discussed these, and other possibilities with your family and you can agree on what is to happen it will give you peace of mind and hopefully avoid disputes and possible legal action in the future.
Your granny flat arrangement may affect your pension entitlements. Centrelink has special rules for granny flat arrangements.
For more information about whether you could lose your pension or have it reduced as a result of the arrangement, see the Legal Aid NSW brochure ‘Your home and the age pension’.
It is important to get legal advice as soon as there is any disagreement. If you delay getting advice you may lose the opportunity to take steps to protect your legal interest in the property. Also, the law has time limits for certain types of legal action.
Joyce is 70. Her daughter, Deb, suggested that Joyce sell her home and move in with her and her young daughter. Deb said they would build a self-contained granny flat out the back for Joyce with the money she got from the sale of her home. She told Joyce she would look after her for the rest of her life. This agreement wasn’t put in writing. There was no discussion between them about what might happen if the situation changed in the future.
Things went well until Deb started seeing an old boyfriend that Joyce didn’t approve of. He was a gambler and didn’t treat Deb very well. Over time the relationship between Joyce and Deb deteriorated. Deb told her mother that she was selling the house and that Joyce would have to move out. Deb denied that Joyce was owed any money for having contributed to the extension of the home.
She claimed the money was a gift. All Joyce’s money was in the property that was sold and she had to find a place to rent. Joyce had to take legal action in the Supreme Court to try to get back some of the money she put into Deb’s house.
|Seniors Rights Service||Provides free legal advice and assistance for older people in a range of areas of law.||Phone: 1800 424 079|
|LawAccess NSW||Provides free telephone legal information and referrals to other services, including to your nearest Legal Aid NSW office, Community Legal Centres, private lawyers and other organisations that can help.||Chat to our team by clicking on 'Chat with us' on the right or by calling 1300 888 529 Mon to Fri 9am - 5pm.|
|Financial Information Service (FIS)||FIS is a free service provided by Centrelink. FIS can help you to understand how the granny flat arrangement may affect your pension. This is not legal advice.||Phone: 131 021 |
|Ageing and Disability Abuse Helpline||Provides confidential information, support and referrals for people who have experienced, witnessed or suspect the abuse of an older person living in the community.||Phone: 1800 628 221 |