QLD Consent order - join tenants

[Palms]

defintely worth the $250 to get this over. Here’s hoping for same price I got 4 weeks ago 🤞

valuation has come back exactly what I said $470k. So hopefully he accepts my offer. What scares me is he said he doesn’t care if house goes to sale. He should know if that is the case he won’t get nothing as he financially contributed no deposit!!
He wants his cost of living :/ and thinks he paid my principal and interest when really only been in house year barely knocked off interest.

 

[Palms]

About to have a heart attack. His lawyer is requesting he gets $15,000. Even with 0 financial contribution on the grounds that we have commenced relationship March 2012 and spent weekends together.

Despite having only lived together less than a year I dont get how this has anything to do with it!! Also mentioned we looked for house in 2017 (doesnt this show in that time frame still didnt save??) Also mentioned the cost of mortgage left to date but thats cause I was paying the repayments by myself since end of May . How is that considered?? I can barely type this If it goes to court what kind of position is he in? only interest was knocked off I dont understand

 

[Atticus]

His lawyer is requesting he gets $15,000. Even with 0 financial contribution

Your lawyer reckons the offer you have already made is more than reasonable if I recall.

If he wants to take it to court I reckon his lawyer will be asking for around a $10,000 deposit into his trust fund before he even does the paperwork... Is this bloke likley to do that, or is he just trying it on?

End of the day, you have a professional valuation done, & providing you have been 100% truthful with the facts, you should have confidence in your lawyers opinion .... If he says the offer is more than reasonable given the circumstances then it probably is

His lawyer reckons he should get more ... but what we don't know is if his lawyer is basing that on different 'facts'

 

[Palms]

Your lawyer reckons the offer you have already made is more than reasonable if I recall.

If he wants to take it to court I reckon his lawyer will be asking for around a $10,000 deposit into his trust fund before he even does the paperwork... Is this bloke likley to do that, or is he just trying it on?

End of the day, you have a professional valuation done, & providing you have been 100% truthful with the facts, you should have confidence in your lawyers opinion .... If he says the offer is more than reasonable given the circumstances then it probably is

His lawyer reckons he should get more ... but what we don't know is if his lawyer is basing that on different 'facts'

I can barely type I’m so upset. His lawyer is basing the existing loan $414,000 which I have paid by myself since May.And the home being valued $470,000 he is trying to get $15,000 and threatening thathe will take court and I will incur the fee.

my lawyer says “ Whilst I appreciate you consider this to exceed his contribution, and therefore exceed his entitlement, the reality is that you will spend well more than $15,000 if he takes you to court, and still may possibly be ordered to pay the $15,000 (assuming the property price rises over time, and by the time a Judge gets to look at it 2 years or more from now (that’s how long it takes).

On the upside, as I’ve mentioned, if you genuinely can’t finance that amount, a court will not make you. A court could order the sale of the property though. I would expect that by the time you get to the sale time, you may have a better ability to finance, but you may have spent several thousands in legal fees.

It is a tricky balance to strike between insisting on a position, and incurring legal costs, and reaching a compromise that you can live with sooner.


Please consider the above and I would be happy to discuss this with you further to help you weigh up the options.”

i feel she wants me to accept this offer but how does one get $15,000 with not contributing a deposit. The equal repayments is just a cost of living. If this goes to court I wonder what will happen...

 

[Atticus]

I can't comment on the actual facts & figures, but your lawyer seems to be suggesting that the $15,000 isn't outrageous ... PITA I know, but perhaps you should seriously consider just accepting & get it done, cause your legal fees to take it to court will be probably be around that ($10-15K), plus a couple of years of stress.

 

[Palms]

I can't comment on the actual facts & figures, but your lawyer seems to be suggesting that the $15,000 isn't outrageous ... PITA I know, but perhaps you should seriously consider just accepting & get it done, cause your legal fees to take it to court will be probably be around that ($10-15K), plus a couple of years of stress.

I can’t believe he gets $15,000 of my equiryy. I replied with counter offer $8,000 noting back arguments of him disputing our relationship aNd how I bought in more money weekly to our joint account.I’m a bit annoyed at my lawyer because she said I would be made whole my financial contribution but his lawyer saying the lump sum is just one contribution in our relationship. We didn’t live together for two years so unsure how mentioning I stayed over a weekend back when we weren’t de facto is in the mix not to mention his stupid non financial fictitious comments like “I did most of the cleaning”.
if he doesn’t accept my counter offer and I lose my own loan , wouldn’t he be the one to take me to court ? Until then don’t I keep paying the mortgage and he won’t be able to get his own house with him still on the title. I think it be in his interest to accept my $8 less break fee $2500 then his ridiculous $15,000 offer including the $2500 break fee.

I don’t know how people do this and work full time I’m about to have a breakdown from this stress it’s causing me severe depression.

 

[Palms]

Equity*

 

[Palms]

Equity*

How does the court view no deposit by Third party, de facto living together less than 2 years, shared mortgage repayments out of joint account, non financial stuff such as “he did most the cleaning “ . His lawyer believes out of the $56,000 equity he wants $15,000 however my lawyer told me originally my $39,000 deposit comes off this and then gets divided in two.

trying to prepare myself if this goes to court as to who will pay the legal cost from not settling the dispute and what he is essentially entitled too. First year is just knocking off interest really and half the repayments is like he paid $13,000 in rent really is the cost of living.

I’ll be up for lmi again and him stamp duty again.

 

[Atticus]

His lawyer believes out of the $56,000 equity he wants $15,000 however my lawyer told me originally my $39,000 deposit comes off this and then gets divided in two.

Ideally, but then again, any money he contributed to mortgage while living de facto *may* come into the equation becasuse it may not be just dismissed as rent

Looks like your option is to give him a few extra grand to get it done or risk court, along with the legal costs & potentially years of waiting ..... Financially (& with time restraints) it just makes a lot more sense to part with a few more grand now.... If we were talking tens or hundreds of thousands it may be worth court.

 

[Palms]

Ideally, but then again, any money he contributed to mortgage while living de facto *may* come into the equation becasuse it may not be just dismissed as rent

Looks like your option is to give him a few extra grand to get it done or risk court, along with the legal costs & potentially years of waiting ..... Financially (& with time restraints) it just makes a lot more sense to part with a few more grand now.... If we were talking tens or hundreds of thousands it may be worth court.

thanks for your response.its from 4K to 15k massive jump so hopefully he comes to party at 8.

who takes who to court ? Worse case I can’t be forced to sell unless he spends that much on a court order ? It’s just his lawyer saying I could end up paying the cost. Hopefully my lawyer counteracts with a good response today for $8. I can’t afford $15k and it’s so not fair when hecontributed no deposit!!