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From QLD First Home Owner Grant Bill 2000 (I assume NSW/VIC should have something similar)
In 1997, Mr Z purchases a home. His wife, Mrs Z, does not have an interest in the home. The couple later divorce, and the home is sold in July
2000. In July 2001 Mrs Z marries Mr A, and Mr A purchases a home, in which they will both live. Mr A has never previously owned a home. Subject
to compliance with other eligibility criteria, as neither Mr A or his spouse Mrs Z owned a residential property prior to 1 July 2000 or a principal
residence after that date, a FHOGS grant will be payable.
Under the Act, the fact that an applicant's spouse has previously obtained a first home owner grant, or that the applicant's spouse owned a residential property prior to 1 July 2000 or acquired a home after that date will mean that the applicant is ineligible for a grant. By excluding spouses who are legally married but no longer cohabiting with the applicant, unless the applicant's spouse is also a party to the application, an applicant will not be ineligible because the status of their spouse. This approach reflects that in some cases it would be unduly onerous to preclude a grant to an applicant on the basis of the status of their spouse if, although legally married, the applicant and their spouse are in the process of divorce or, or although not having sought a divorce they no longer live or intend to live as a couple. |
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