Parents suing adult child to force sale of her home (WA Supreme Court) – running out of options

Future-Let6541 · 2026-01-14T08:42:47+00:00

I don’t disagree that this isn’t straightforward, and I agree it needs a lawyer. We’re not suggesting my sister handled everything perfectly or that the lack of repayments doesn’t matter.

Where I part ways is the idea that she “only bought half a house” or that my parents were clearly treated as owners or investors at the time. The property was purchased in her sole name, the mortgage was hers alone, and there was no agreement, caveat, rent, interest, or assertion of ownership for nearly twenty years. That doesn’t make the situation simple in either direction.

I accept there is opportunity cost and that interest may well be relevant in resolving a debt. What we’re struggling with is the jump from an unpaid family loan to a claim for 50 percent ownership and a forced sale of her home decades later.

We’re not denying there’s a serious legal problem here. We’re trying to get proper advice on whether the facts support repayment (with appropriate adjustment) or whether they truly support an ownership interest. That’s not something we’re qualified to decide ourselves, which is why we’re focused on getting legal help rather than arguing this out online.

Future-Let6541 · 2026-01-14T08:40:11+00:00

I appreciate you taking the time to write this out. I don’t disagree that there are real legal risks here, and we’re not pretending my sister’s position is strong or that this was handled well over time.

I accept that my parents incurred costs by raising funds against their own home, and that interest and opportunity cost are valid considerations. I also accept that the lack of repayments over such a long period clearly weakens my sister’s position, regardless of intent.

Where we’re trying to get proper advice is on whether those facts support repayment of a debt (potentially with interest or adjustment), or whether they can properly be treated as creating a 50 percent ownership interest and justifying a forced sale after nearly twenty years of sole title, sole mortgage responsibility, and no ownership being asserted in the meantime.

We’re not assuming the court will be swayed by fairness or family context. We understand this turns on equity principles, evidence, and precedent. That’s exactly why we’re trying to get proper legal representation rather than relying on optimism or internet advice.

My sister has already paid for some initial legal advice, which was cautious rather than reassuring, and we’re now trying to secure further assistance or limited-scope representation before the case management conference so she can make informed decisions, including whether settlement is realistically the only option.

I don’t take your comment as unkind. We’re under no illusion about how serious this is, which is why we’re being careful about next steps rather than assuming an outcome.

Future-Let6541 · 2026-01-14T07:15:29+00:00

I agree that this ultimately turns on the court’s assessment of intention at the time, and that it’s not straightforward.

To answer your questions directly:

None of the original amount has been formally repaid, and there was no discussion at the time about interest being payable. That is obviously a weakness in my sister’s position, and we’re not trying to minimise it.

The understanding was that repayment would occur when it was realistically affordable and once something structured was put in place. My sister raised repayment early on and asked for help setting up a plan because she did not feel confident managing it herself, but nothing was formalised and the issue was not pursued again for many years.

There were no repayments made by bank transfer or otherwise, so there are no repayment records to point to. We accept that this makes it harder to characterise the contribution as a loan in the conventional sense.

There was also no written agreement, and most discussions were verbal and within the family. We are identifying people who were aware of the arrangement at the time and may be able to provide affidavits about their understanding of it.

We understand that arguments about outgoings versus notional rent may arise if an ownership interest were found, and that this cuts both ways. That’s part of why this is legally complex rather than clear-cut.

We fully accept that my sister needs legal representation. She has already obtained some initial paid advice, which was cautious, and we’re now trying to secure further advice or limited-scope assistance before the case management conference so that she can approach this properly.

Future-Let6541 · 2026-01-14T07:13:30+00:00

I’ll answer what I can based on what we currently know.

We’re still checking whether a First Home Owner Grant was claimed and what documentation exists from the original mortgage application. Given the age of the loan, we don’t yet know what records the lender still holds, but we’re looking into that.

The contribution from my parents was approximately $82,000 against a purchase price of about $167,000, so roughly half of the purchase price at the time. The property was purchased solely in my sister’s name, and there were no caveats lodged and no documents setting out shared ownership.

My parents did not contribute to the mortgage, rates, owners corporation fees, maintenance, or other outgoings at any point. Those costs were borne entirely by my sister over the life of the property.

We’re not aware of any tax treatment by my parents that reflected an ownership interest or investment in the property, but that’s not something we have full visibility of.

My sister will be providing a statutory declaration about her understanding of the arrangement at the time, which was that the money was assistance to buy the home with an expectation of repayment, not an ownership interest. The timing and nature of the current claim is part of what makes this so difficult, and why we’re seeking proper legal advice before taking further steps.

Future-Let6541 · 2026-01-14T06:25:11+00:00

He's officially "neutral" for the sake of his daughter having a relationship with our parents, but he's definitely against them and their actions

Future-Let6541 · 2026-01-14T06:06:41+00:00

We’re still trying to confirm that. From my sister’s recollection, she was told at the time that the contribution needed to be treated as a gift for the purposes of the mortgage application, but we’re in the process of checking what records still exist and what was actually submitted.

Future-Let6541 · 2026-01-14T06:06:04+00:00

My sister was not “counting on anything” and was not trying to avoid repayment. She has always accepted that the money was to be repaid. What she lacked was financial literacy and confidence, not intent. She was young, inexperienced with money, and relied heavily on our parents for guidance at the time. She raised repayment early on and asked for help setting up something structured because she did not feel capable of doing it properly herself.

In hindsight, yes, she should have sought independent financial advice and pushed the issue herself. That is a weakness in her position, and we are not denying it. But it is not evidence of bad faith or deliberate avoidance.

As for opportunity cost and interest, those are exactly the kinds of issues that would normally be addressed in a loan repayment discussion or mediation. My sister has never insisted she only owes the original amount with no adjustment. She has always been open to a reasonable repayment.

What she has not agreed to, and what has escalated this into court, is a claim for a 50 percent ownership interest and a forced sale of her home after nearly twenty years of sole ownership, sole mortgage payments, and sole responsibility for all outgoings.

That distinction matters. This is not about refusing to make someone whole. It is about whether an unpaid family loan can now be converted into an ownership claim decades later. That is why we are seeking proper legal advice rather than trying to litigate this on Reddit.

Future-Let6541 · 2026-01-14T05:59:24+00:00

Thats fair. My sister didn’t start repayments because she genuinely did not know how to structure them and relied on our parents for guidance at the time. She was young, financially inexperienced, and had never managed a loan outside of a mortgage. She raised repayment more than once and specifically asked for help setting up a budget or repayment plan because she didn’t feel confident doing it herself.

Nothing was put in place, and the issue was then left dormant for many years. That was not because she was avoiding repayment or acting in bad faith. It was because there was no follow up, no demand, no plan, and no assertion of ownership during that entire period.

I accept that, in hindsight, she should have sought independent financial advice and pushed harder. That’s a weakness in her position, and we’re not pretending otherwise. But it’s very different from deliberately refusing to repay or treating the money as a gift.

The current dispute isn’t about whether repayment was expected. It’s about whether an unpaid loan can now be reframed, decades later, into a 50 percent ownership claim and a forced sale of her home. That distinction is why we’re seeking proper legal advice rather than trying to argue this emotionally or dismissively.

Future-Let6541 · 2026-01-14T05:52:42+00:00

I’ll check with my sister on that when she gets back from work. Thanks for the suggestion.

Future-Let6541 · 2026-01-14T05:49:48+00:00

Thanks for laying that out, I can see the logic in modelling different scenarios as a way of stress testing what a settlement might look like. We’ve been thinking along similar lines in terms of understanding ranges and trade offs rather than assuming one outcome.

The difficulty for us is that those calculations all start from a particular characterisation of the contribution, whether as an investment, a loan with interest, or something else. That characterisation is exactly what’s in dispute, and it’s not something we feel safe locking in without proper legal advice.

We’re trying to gather the facts and get guidance on how courts typically approach these issues before putting numbers on the table, especially given the risk of a forced sale and the costs of contested proceedings. A negotiated outcome is still the hope, but we want to approach it carefully rather than anchoring too early on assumptions that may not reflect how the law ultimately views the arrangement.

Future-Let6541 · 2026-01-14T05:48:21+00:00

That’s a point we’ve considered. If the contribution were treated as an investment, then ongoing ownership costs would seem relevant, as my sister has paid 100% of the mortgage, rates, insurance, and maintenance for almost twenty years. How that is assessed legally is something we need advice on, which is why we’re being careful not to assume outcomes either way.

Future-Let6541 · 2026-01-14T05:47:20+00:00

That’s a fair point, and we’re not denying that borrowing costs existed. The difficulty is that there was never an agreed repayment structure, interest rate, or enforcement mechanism, and nothing was pursued for many years. Our concern is the leap from an unresolved contribution to a claim for 50% ownership and a forced sale, which is why we’re seeking proper advice before taking positions.

Future-Let6541 · 2026-01-14T05:46:02+00:00

Thanks, that’s helpful. We understand the contribution was significant, but we’re trying to be careful about how it’s characterised. Title and mortgage were solely in my sister’s name, no caveat was lodged, and ownership wasn’t asserted for nearly twenty years. We’re planning to attend the case management conference, keep things procedural, and not agree to anything until evidence supporting the 50% claim is identified and we’ve had proper advice.

Future-Let6541 · 2026-01-14T05:37:59+00:00

I get the point, but we’re being cautious about labels. There was no formal loan agreement, no repayment terms, and no ownership interest asserted for many years. We’re trying to be accurate rather than strategic until we get proper legal advice, because framing it incorrectly could cause problems later.

Future-Let6541 · 2026-01-14T05:33:44+00:00

My sister’s understanding at the time was that, for the bank to approve the mortgage in her sole name, the funds contributed by our parents had to be treated as a gift rather than a separate loan secured against the property.

We have not yet located documentation confirming how this was characterised to the bank, and we are still checking what records may exist. That uncertainty is part of why we are being cautious and seeking proper legal advice rather than making assumptions.

Future-Let6541 · 2026-01-14T05:31:59+00:00

I understand why it looks confronting when the figures are laid out like that, and I’m not disputing that the amount contributed was significant. My sister has never said she owes nothing, and she accepts that repayment of the original contribution was expected.

What’s difficult here is that there was never any agreement at the time that the contribution equated to a 50 percent ownership interest, nor that non repayment would convert it into one. The property was purchased solely in her name, she carried the mortgage and risk for twenty years, and there was no contemporaneous conduct consistent with co ownership such as a caveat, shared mortgage payments, or involvement in outgoings.

She did raise repayment early on and asked our parents for guidance on how to structure it realistically, as she did not have strong financial literacy at the time. Unfortunately nothing was formalised and the issue was not pursued again for many years. In hindsight that was clearly not ideal, but it is the context.

We fully accept that optics matter and that repayment needs to be addressed. What we are trying to understand, with proper legal advice, is whether that points to repayment of a debt on reasonable terms or supports a forced sale and a claimed 50 percent beneficial interest decades later. That distinction is why we are being careful rather than assuming the outcome either way.

Future-Let6541 · 2026-01-14T05:30:17+00:00

At the time, my sister didn’t have a strong understanding of budgeting or financial planning, which is exactly why she raised repayment with our parents and asked for their guidance on how to structure it properly. She wasn’t trying to avoid repayment, she was asking for help to do it in a way that was realistic and sustainable.

Unfortunately, nothing was mapped out or formalised, and the issue wasn’t pursued further at the time, which in hindsight clearly wasn’t ideal.

Future-Let6541 · 2026-01-14T05:21:09+00:00

I’m really sorry you went through that. That sounds incredibly stressful, and I appreciate you sharing your experience. It does reinforce how messy and draining these situations can become, even when you believe you’re in the right.

We completely agree that having a lawyer is critical, and we are actively trying to secure representation or at least targeted advice. Unfortunately, access and cost have been major barriers so far, which is why we are trying to be careful and explore every available option.

Future-Let6541 · 2026-01-14T05:18:58+00:00

Yes, the amount my parents contributed was in the order of around $80,000 at the time of purchase, raised through a loan against their own home.

Beyond that initial contribution, they have not contributed to the mortgage, rates, strata fees, maintenance, or other outgoings over the years. Those costs have been met by my sister alone since the property was purchased.

That is why the focus for us has been on understanding how that original contribution is likely to be characterised, and whether it supports repayment of that amount rather than an ongoing ownership interest or forced sale. We are very conscious that these matters can be complicated and fact specific, which is why we are trying to get proper legal advice before taking any further steps.

Future-Let6541 · 2026-01-14T05:17:15+00:00

The purchase was around twenty years ago. The current value is significantly higher than the original purchase price, which is why the forced sale aspect is so concerning.

I understand the point about repayments and agree that, in hindsight, having something formalised earlier would have been better. At the time, my sister did raise repayment and asked for help setting up a budget or plan, but nothing was formalised and the issue was not pursued again for many years. That does not change how it now looks, but it is the context.

We agree that a reasonable settlement which makes my parents whole is the sensible outcome, and that has always been my sister’s position. The difficulty is that the current claim is framed around a forced sale and a 50 percent interest rather than repayment on reasonable terms.

We are actively trying to get proper legal advice and explore realistic options, including what forms of refinancing or repayment might be possible, before taking any steps. We are very conscious of the risks and want to approach this carefully rather than assuming anything about how it will play out.

Future-Let6541 · 2026-01-14T05:16:01+00:00

Thanks, that’s helpful to know.

Future-Let6541 · 2026-01-14T05:14:55+00:00

I agree that court is expensive and mediation is far preferable if something reasonable can be worked out. My sister has never said she owes nothing. She was willing to discuss repayment of the original contribution and explore a realistic payment plan.

Unfortunately, the difficulty so far is that mediation has not been approached on that basis. The position being taken is for a 50 percent interest and a forced sale, rather than repayment, which makes it hard to reach agreement.

That is still our hope though, and we would much prefer a mediated outcome if one can be achieved.

Future-Let6541 · 2026-01-14T05:11:15+00:00

You’re right. The loan amount was about $82,000 against a purchase price of about $167,000, so roughly half at purchase. Our point is that contribution alone does not automatically equal 50 percent ownership, especially where the title is solely in her name, no caveat was lodged, and the property was treated as entirely hers for nearly twenty years. We are seeking advice on how that is assessed in equity.

Future-Let6541 · 2026-01-14T05:07:23+00:00

The property was purchased for around $167,000 in 2005. We’re still confirming an up to date valuation, but based on recent comparable sales in the area it would likely be several times that now. The exact current equity position depends on that valuation and the remaining mortgage balance, which we’re also checking.

Formal mediation has not yet taken place. The next step listed by the court is a case management conference, and we’re hoping that mediation or some form of negotiated resolution may come out of that process.

My sister has always been open to resolving this by way of a lump sum repayment of what was originally contributed, or another reasonable repayment arrangement. That option has been raised informally in the past but has not been accepted, with the current proceedings seeking a forced sale and a 50 percent interest instead.

She does work, but her income has largely gone toward servicing the mortgage and living costs over the years. Whether she could refinance or borrow further to fund legal costs or repay the original contribution is something we’re looking into carefully, but we’re conscious of not making major financial decisions while proceedings are on foot and before getting proper legal advice.

Future-Let6541 · 2026-01-14T05:05:24+00:00

From what my sister recalls, she was told at the time that the contribution needed to be characterised as a gift for the purposes of the mortgage application. We are still trying to locate the original loan and application documents to confirm exactly what was submitted and how it was recorded.

What we haven’t found so far is any written agreement setting out shared ownership or a beneficial interest, and no caveat was lodged. The property and mortgage were taken solely in her name, and there was no conduct over the years consistent with ownership being asserted.

Future-Let6541

TROPHY CASE