{"id":7611,"date":"2022-08-23T00:03:44","date_gmt":"2022-08-22T14:33:44","guid":{"rendered":"https:\/\/adelaideprivatewealth.com.au\/beware-of-the-granny-flat-traps\/"},"modified":"2022-08-23T00:03:44","modified_gmt":"2022-08-22T14:33:44","slug":"beware-of-the-granny-flat-traps","status":"publish","type":"post","link":"https:\/\/adelaideprivatewealth.com.au\/beware-of-the-granny-flat-traps\/","title":{"rendered":"Beware of the Granny Flat traps"},"content":{"rendered":"
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Setting the scene<\/h3>\n

Marilyn is 67 and has had enough of work. She has worked hard and raised two children on her own and she\u2019s ready for some \u201cme time\u201d. Her children are now adults and live at opposite ends of Australia to her. Marilyn has sold her (big) home and has moved north to be closer to her daughter and partner who have their own baby now. <\/p>\n

Marilyn\u2019s daughter and partner are struggling on just the one wage. They rent but are looking for their own home to raise their now-growing family. Marilyn\u2019s son has his own family and home and is doing pretty well in his career. <\/p>\n

Marilyn is looking to assist her daughter to purchase a property. She would live there as well and help out whilst being able to come and go as she pleases to live-out her much anticipated retirement adventures. However, Marilyn is also thinking about how her son feels about her retirement and relocation plan.<\/p>\n

\u00a0<\/p>\n

What do others do in this situation?<\/h3>\n

It\u2019s becoming increasingly common for older Australians to enter into arrangements to live with their family. Adult children help their parents with household and living tasks, whilst grandparents assist their busy children with looking after the grandchildren. <\/p>\n

Additionally, the rising costs of residential property in Australia in recent times has led to a greater desire for older Australians to assist their adult children enter the property market. <\/p>\n

One way to achieve all of this is by setting up a co-occupancy arrangement. One such arrangement is a \u201cgranny flat interest\u201d.<\/p>\n

The dream\u2026<\/h3>\n

Picture this. A \u201cneat as a pin\u201d home that you live in. It\u2019s big enough to be comfortable in, easy to look after and has all your own things in it. Your home is surrounded by a beautiful garden and is a place where you can simply kick back and relax. <\/p>\n

The difference is that your home is on the same block of land as your family. Both homes are close enough \u2013 but you don\u2019t live on top of each other. You and your family can come and go as you please but still have your own peace-and-quiet and privacy. <\/p>\n

That\u2019s the way the television and newspaper ads show it and how the builders sell it to you. This is what life in a granny flat is all about. Right?<\/p>\n

Other living arrangements<\/h3>\n

A granny flat can be more than just a self-contained flat in someone\u2019s house or on their land. <\/p>\n

A granny flat interest is established when you transfer assets (such as cash & property\/land) to another person in exchange for a right of occupancy for life in a residential property. You are not<\/span> the \u201clegal owner\u201d of the property \u2013 your name isn\u2019t on the property title. You just live there \u2026 for the rest of your life. <\/p>\n

Granny flat interests are created when you enter into any of the following arrangements:<\/p>\n

    \n
  1. \n

    You transfer the title of the home you own and live in to someone else and retain a lifetime right to live in that home \u2013 the other person and their family may or may not also move in with you.<\/p>\n<\/li>\n

  2. \n

    You provide funds to another person in exchange for the right to live in that person\u2019s existing home.<\/p>\n<\/li>\n

  3. \n

    You provide some, or all, of the purchase price of a property registered in another person\u2019s name and retain a right to occupancy for life.<\/p>\n<\/li>\n

  4. \n

    You pay for the construction and\/or renovation of a home on another person\u2019s property and retain a right to occupancy for life.<\/p>\n<\/li>\n<\/ol>\n

    The potential nightmare\u2026<\/h3>\n

    People fall in love with the dream\u2026 and that\u2019s really easy to do. <\/p>\n

    Stephen R. Covey wrote a blockbuster book called The 7 Habits of Highly Effective People. One of the habits (number 2 in fact) is to \u201cbegin with the end in mind\u201d. It\u2019s a very important habit to get into \u2026 but one that (sadly) many people forget and it only becomes important when something doesn\u2019t work out and the dream starts to unravel. <\/p>\n

    When setting up a granny flat interest you are contributing something of value to you (money, property, etc) to someone else without actually \u201cowning anything\u201d in the end. <\/p>\n

    The things for you to consider (at the start \u2026 not the end) include:<\/p>\n