My questions are probably simple to answer:
My son is/was in a de facto relationship with a woman who we know will not co-operate in any way shape or form with any type of consent orders or binding financial agreement.
They have been in a de facto relationship for five years, but it has broken down irretrievably about 2 years ago. There are no children. They are both on the title of the property, but she is the only
person on the mortgage. Long story...
They both pay half the mortgage. His payment going directly into her mortgage account, therefore the debt is in her name only...
Question 1: If the house is valued at say $800,000 and the balance on the mortgage is say $420,000, is he entitled to half the value of the property, or merely half of the residue after the loan is paid out...(ie $190,000)?
He has made many improvements to the property, and spent hundreds of hours renovating, etc...
She has three other properties, a considerable share portfolio, and a large super fund, all of which were acquired before the de facto relationship commenced. He had about $200K at the beginning of the relationship, which has been depleted somewhat since then. He is a day trader on the stock market, and does so from home.
Question 2: Is he permitted to claim in any way on these properties/assets, bearing in mind she would not have been able to afford to keep them without his contribution to the mortgage? They have all increased in value over the last five years.
Question 3: If she refuses point blank to discuss the issues, refuses to sign any documents, and refuses all attempts at mediation, how does one resolve the issues? Does the court take everything into account and make an order irrespective of her refusal to consent to anything, or does the status quo just continue on ad infinitum?
Question 4: What does he do if she refuses to comply with any order for property settlement? How does he enforce the order for payment of x dollars if one is made by the court?
Thanks in anticipation...
My son is/was in a de facto relationship with a woman who we know will not co-operate in any way shape or form with any type of consent orders or binding financial agreement.
They have been in a de facto relationship for five years, but it has broken down irretrievably about 2 years ago. There are no children. They are both on the title of the property, but she is the only
person on the mortgage. Long story...
They both pay half the mortgage. His payment going directly into her mortgage account, therefore the debt is in her name only...
Question 1: If the house is valued at say $800,000 and the balance on the mortgage is say $420,000, is he entitled to half the value of the property, or merely half of the residue after the loan is paid out...(ie $190,000)?
He has made many improvements to the property, and spent hundreds of hours renovating, etc...
She has three other properties, a considerable share portfolio, and a large super fund, all of which were acquired before the de facto relationship commenced. He had about $200K at the beginning of the relationship, which has been depleted somewhat since then. He is a day trader on the stock market, and does so from home.
Question 2: Is he permitted to claim in any way on these properties/assets, bearing in mind she would not have been able to afford to keep them without his contribution to the mortgage? They have all increased in value over the last five years.
Question 3: If she refuses point blank to discuss the issues, refuses to sign any documents, and refuses all attempts at mediation, how does one resolve the issues? Does the court take everything into account and make an order irrespective of her refusal to consent to anything, or does the status quo just continue on ad infinitum?
Question 4: What does he do if she refuses to comply with any order for property settlement? How does he enforce the order for payment of x dollars if one is made by the court?
Thanks in anticipation...
