7 Comments Family & de facto law, financial agreements, consent orders
So in feb/march of 2017 my former partner and i split and we had just finished construction of a house together [/QUOTE]
I assume that you are not married.... If not, there is a 2 year time limitation from the date of separation in which to apply for property settlement.... I suggest you take steps to file an application before Feb/March of next year
If you do not, then you will need to seek & be granted an out of time settlement.... If you have made significant contributions to the purchase & ongoing costs associated with the property then leave should be granted, however, better to not have to jump that hurdle..
You can apply for a property settlement yourself... The courts website should have links to DIY kits & instructions.
In view of the fact that your ex is enjoying occupancy of the place as well as receiving financial assistance through subletting, then you would be within your rights to reduce your contributions to the mortgage accordingly.... Perhaps you can also agree to pay interest only to the lender until a sale...
You could seek occupancy as part of interim orders in your application, however you would need some pretty solid reason to have her ordered out so that you could move in..
As things are, I suspect she is quite happy to have you paying half the mortgage as well as her half being subsidised by subletting...Perhaps needs a bit of a realty adjustment
easy fix. stop paying the mortgage...
Banks are often more sympathetic than you think, so don't worry too much about 'credit rating'.
Next - don't tell her you're doing it. That could be seen as a threat and 'financial abuse' enough for her to get an avo on you...
Just do it..
What possible reason does she have for wanting to negotiate right now. Given the rent, she is effectively living in a house for free or near enough... So you have to change the dynamics.
emca01 2018-11-15 07:17:37
yes I agree stop paying the morg and put a claim in on the house and any rent that she has been getting...although that could be hard if she doesn't have a rental agreement from them...you have given her all the power so if your not paying the morg then she has to but you need legal help especially if your parents are guarentors on the home...they wouldnt be guarentor for her they did it for you...so time to start acting...but put money away because if neither of you are paying the morg it falls onto your parents...but she needs to get out of that house...