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QLD Can Ex Husband Come Back - Claims on My Home?

Discussion in 'Family Law Forum' started by Sharon Ayres, 9 August 2014.

  1. Sharon Ayres

    Sharon Ayres Member

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    My ex husband left about 5 years ago and was not on the titles of the house but a co-borrower with the bank. His solicitor sent me a letter saying I could take over the house. He signed papers taking him off the loan and I refinanced with another bank with another co-borrower. He is now threatening that because it was not done through a court he is going to sell. Is he able to do this?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Are you divorced? How long ago did the divorce take effect?

    Summarily, I wouldn't say he has any stake in your property if the divorce has already been finalised and a property agreement made.

    Basically, there is a 12-month window to file for a property settlement after a divorce is final. If I can get a little more clarity about that, I can probably provide more guidance.
     
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  3. Sharon Ayres

    Sharon Ayres Member

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    We have been divorced 18 months, but there was never any property settlement done. Hes only bought this up now because Child Support are chasing him up for maintenance. Hes trying to force me into signing a fixed agreement so he can go work in the mines and get out of paying. Silly thing is I am asking him for much less than child support say I'm entitled to. Rgds Sharon
     
  4. AllForHer

    AllForHer Well-Known Member

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    Thanks for the extra information.

    There is a 12-month time constraint on applications for property settlements after a divorce is finalised, so because that time limit has passed, he will be unable to pursue you for a property settlement, even if the original settlement wasn't finalised in court.

    As for child support, he will have to pay that no matter what, and just for the record, if he pays less than he is assessed for by the Child Support Agency, they may find he has a debt that he will have to pay back to you.

    I hope this helps. Feel free to ask more questions as you need.
     
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