QLD Can mortgage be increased after property settlement?

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jamiel88

Active Member
17 December 2021
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0
31
Good Morning,
My partner has just had conciliation and has been fighting for rights to his children since the beginning of the year. He can no longer afford his private solicitor anymore and already has big debt. His ex has Legal aid. During Conciliation he was pressured into giving the ex half of his Superannuation and made to sell his house that she is not on the title or mortgage and have to split the sale with her.
She will probably use the proceeds of the sale for drugs and alcohol as she has already gone through 10k from Child support and Centrelink lump payments in a similar matter with suspicious transactions and daily visits to the Bottle shop. Ex is currently only on parenting payment and child support. Her Legal aid solicitor is ruthless and we feel like we haven't had any justice through the whole process. Now he has to lose his entire home and everything that he has worked for to sell and pay half to her.
The consent orders are in the process of being sealed through the courts.
However the consent orders do not specify anything about the mortgage. All they say is that the house should be sold for a minimum of 440k and then less expenses, they go halves on the sale profit.
As financial orders have been completed, can my partner now increase the home loan to pay for repairs to the house that the real estate has asked to be done?
He was only given a total of 3k to be used in the consent orders but needs around 10k to do everything that the real estate is suggesting? We would like to increase home loan to do this as he can no longer afford anything out of pocket.
Hope this makes sense.
Thank you
Jamie
 

Rod

Lawyer
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27 May 2014
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If there is nothing in the orders saying otherwise, he can.

But wait till the final consent orders are sealed. Don't give the other side any excuse to derail the consent order process.

While they should not object as the purpose of the expenditure is to benefit both parties, if the other side is being unreasonable just wait a little longer.
 

jamiel88

Active Member
17 December 2021
6
0
31
If there is nothing in the orders saying otherwise, he can.

But wait till the final consent orders are sealed. Don't give the other side any excuse to derail the consent order process.

While they should not object as the purpose of the expenditure is to benefit both parties, if the other side is being unreasonable just wait a little longer.
Thank you. That's good to know ☺️