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Forced Property Sale

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DaveJB View Drop Down
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  Quote DaveJB Quote  Post ReplyReply Direct Link To This Post Topic: Forced Property Sale
    Posted: 11/December/2017 at 10:53
Main agreement was time and costs, but also property value against debt.

She did release that there would be large costs involved to get extension of time.
The offer I made was quite fair in my eyes and her Solicitor told her she was getting a great deal and to take it.

Thanks all

Time101 View Drop Down
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  Quote Time101 Quote  Post ReplyReply Direct Link To This Post Posted: 06/December/2017 at 22:42
Hi Dave.

Good news.

Would like to know what agreements you presented.
Great to see that all was done amicably.

PM me if you don't wanna post outcome on here.

DaveJB View Drop Down
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  Quote DaveJB Quote  Post ReplyReply Direct Link To This Post Posted: 06/December/2017 at 07:21
Financial Agreement signed off, my offer was accepted.

Thanks people for your advice, appreciate it

DaveJB View Drop Down
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  Quote DaveJB Quote  Post ReplyReply Direct Link To This Post Posted: 22/November/2017 at 07:19
Nothing to report yet, although an agreement has been agreed to verbally, just waiting to see what goes from here now

Time101 View Drop Down
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  Quote Time101 Quote  Post ReplyReply Direct Link To This Post Posted: 16/November/2017 at 11:52
Dave.
How did thing go? Any feedback. ??

DaveJB View Drop Down
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  Quote DaveJB Quote  Post ReplyReply Direct Link To This Post Posted: 25/October/2017 at 08:08
Thanks crew for the advice.
Offer has been tabled, will get back to you all once I know more.

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 18/October/2017 at 21:52

Each party covers own costs unless ordered otherwise. I suspect if you can't reach an agreement on whatever you intend to offer & she feels there is no option but to apply to court to force sale of house in your name, then given the small equity, the court would order you off to mediate an agreement.

If the court had to make a decision & subsequent order, it has the power to alter property interests & apportion debt as it fells just & equitable in all the circumstances..

As I said earlier. Her legal advice would probably be to place a caveat over your title.. She has strong grounds to be granted an exception to the 2 year rule.



Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

DaveJB View Drop Down
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  Quote DaveJB Quote  Post ReplyReply Direct Link To This Post Posted: 17/October/2017 at 13:21
Just in regards to her applying to court for "extension of time", I assume she will have to post cost for this and that any actions she is liable.

this would make it an even less case for any financial gain.

Surely the courts would look at the the higher than likely financial losses for both sides to perform sale of property.

The current debt and add-on's will send both of us into debt, or does she just then walk away without having to pay anything - assuming sale of the property does not windfall enough to pay out mortgage

Time101 View Drop Down
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  Quote Time101 Quote  Post ReplyReply Direct Link To This Post Posted: 14/October/2017 at 03:06
I agree on above comment. Jaazzz

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 13/October/2017 at 16:39
Originally posted by DaveJB

Thank you, I'll get back to you if any word.
Going to try make a settlement offer and hope for the best

Neither of us can afford to go to court, and I believe that unless there would a financial grain, no Solicitor will represent either of us, believe they'd more than likely advice to take the offer.

Thanks again, appreciate the advice


Wise move I think... Although she would have to include an affidavit in her property settlement application for applying out of time, if I have read your circumstances correctly, you have been in a relationship for 13 years & have raised kids together almost the whole time... I assume they are yours, but whether they are biologically yours or not, they are children of the relationship.

The point to that being, she at the very least, has made substantial & significant non financial contributions for the entire length of the relationship ... They are solid grounds. Quite unlikely she would be knocked back if she sought to apply... She would also have a valid reason to place a caveat over your title if she hasn't already... At some point in the future you are probably going to have top confront this.

If you have managed to share 2 kids 50/50 for over a year, I'm assuming you get along reasonably well on issues that matter... If you can make a reasonable offer & you can both avoid litigation, you most certainly should IMO & the sooner the better.

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 13/October/2017 at 11:59
yup do nothing... Legally the house is yours IF she had been making payments on the mortgage for the past 5 yrs..... that would be a different story

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 13/October/2017 at 11:17
Going to try make a settlement offer

Why on earth would you do that?
It was a DeFacto relationship and you have been separated for almost 5 years, you are living in your house, so what's to settle?

Do Nothing, the ball is in her court and she has failed to act in time.

She needs grounds to request an out of time settlement, does she have any? Can she give a good reason for making this? If not - I expect that the court will just tell her to go away.

What is she likely to get if she does have grounds? From what you have said the house has no net value, the loan is about the same as what it could be sold for. Is there any joint property that you have not told us about? If so who has that?

If there is no property to divide it is not necessary to have a property settlement, whether it's in time or out.

As I said do nothing.

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 13/October/2017 at 11:12
double post

Edited by citizen-joe - 13/October/2017 at 11:19

DaveJB View Drop Down
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  Quote DaveJB Quote  Post ReplyReply Direct Link To This Post Posted: 13/October/2017 at 09:35
Thank you, I'll get back to you if any word.
Going to try make a settlement offer and hope for the best

Neither of us can afford to go to court, and I believe that unless there would a financial grain, no Solicitor will represent either of us, believe they'd more than likely advice to take the offer.

Thanks again, appreciate the advice

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 13/October/2017 at 07:51
has she made a court applicaiton yet? IF not chill... Nope the rules are pretty clear about 2 yrs. She will have to establish grounds for an extension. So she is already behind the 8 ball...

If she has not applied to court I'd suggest you stress less and get back to us IF she gets a court applicaiton...

DaveJB View Drop Down
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  Quote DaveJB Quote  Post ReplyReply Direct Link To This Post Posted: 12/October/2017 at 12:28
Yes, the Law states there is a 2 year limit, but, from what I have been told this wont hold up in the courts.

What is the point in having a law and a time limit if the courts ignore it anyway.

Oh and just for clarification, I'm Queensland

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 12/October/2017 at 11:22
Separated in 2012? Defacto have 2 yrs from time of separation to make a claim in assets through court... Title of house and mortgage are in your name? SWEET...

My thinking would be there is no asset division needing doing and if it does, let her apply to court to seek an redress through the courts
You get to live happily ever after...

Robjohns2424 View Drop Down
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  Quote Robjohns2424 Quote  Post ReplyReply Direct Link To This Post Posted: 12/October/2017 at 10:38
Hi, just thought I'd chip in.
I'm in Perth, went through defacto prop settlement in 2012 via Fam Court, Neither my or expartner's super were included in the settlement calculation although it was still required to be included in the disclosure documentation.

Time101 View Drop Down
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  Quote Time101 Quote  Post ReplyReply Direct Link To This Post Posted: 11/October/2017 at 18:17
Yes sorry I'm referring to WA as in in Perth.

Good luck Dave.

Helpingafriend View Drop Down
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  Quote Helpingafriend Quote  Post ReplyReply Direct Link To This Post Posted: 11/October/2017 at 16:56
Time101 you need to get up to date - the rules changed nearly 10 years ago

Super is included for defactos although the rules are different in WA
https://www.ag.gov.au/FamiliesAndMarriage/Families/SuperSplitting/Pages/default.aspx

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