Ordinarily, previous ownership or receipt of a first home buyer benefit can prevent a person from qualifying for the same benefit on a later purchase. Victorian reforms provide relief for eligible victim-survivors who left a home because of family violence and meet the relevant statutory requirements.
The State Revenue Office explains that a person may be able to requalify where they left the earlier home because of family violence, will own the new home alone or jointly, will occupy the new home as their principal place of residence for the required continuous period, and have not received and will not receive a financial benefit from the previous property. A current spouse or partner must also satisfy the applicable eligibility requirements.
Separate relief may be available where family violence prevents a person from completing the usual occupation period. Depending on the circumstances, the State Revenue Office may consider a variation to the requirement or a waiver of the obligation to repay a benefit. Evidence may include details of the previous property and ownership, financial settlement information, a statutory declaration or affidavit, and relevant court, police or medical documents. The evidence required will depend on the application.
This is the kind of matter CMK Legal's property and conveyancing team handles.
These provisions are designed to respond to particular circumstances and should be approached sensitively. A person does not need to assume they are disqualified merely because they previously owned a home, but they should contact the State Revenue Office or obtain legal advice about the evidence and application process.
Law referenced: *Duties Act 2000* (Vic); *First Home Owner Grant and Home Buyer Schemes Act 2000* (Vic); *Family Violence Protection Act 2008* (Vic). Current official guidance: https://sro.vic.gov.au/buying-property/land-transfer-stamp-duty/concessions-exemptions-and-waivers/first-home-buyers/first-home-buyer-relief-after-family-violence