QLD Consent order - join tenants

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Palms

Well-Known Member
12 November 2019
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Hi,

it my partner doesn’t sign consent orders what happens?

regards, Palmer
 

Atticus

Well-Known Member
6 February 2019
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Pretty short on detail... So you have filled in an application that you agreed to & now it's not being signed or what ? Also what's joint tenants got to do with it ?
 

Palms

Well-Known Member
12 November 2019
66
3
204
Sorry I know. Yes filled out consent order based on what agreed he doesn’t seem to have been signing and is avoiding ? What would happen if he doesn’t and I continue paying mortgage myself ?
Joint tenants in our property (I’m buying him out)
 

Atticus

Well-Known Member
6 February 2019
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You have 90 days from the date you (assuming you are the applicant?) signed the statement of truth to file the co signed application .... So you have signed each page & the SOT? Have you sought independent legal advice? .... Are you 100% confident the application covers everything that needs to be covered?

What would happen if he doesn’t and I continue paying mortgage myself ?
Joint tenants in our property (I’m buying him out)
If he hasn't signed within 90 days of your signed & dated SOT all you can do is either try again or seek an initiating application... If you are remaining in the property & buying him out then continuing to pay the mortgage isn't really a disadvantage to you. You could ask the lender to pay interest only until the refinancing takes place .... Your consent order should also require him to remove his name from the title.
 

Palms

Well-Known Member
12 November 2019
66
3
204
Hi, thank you yes the consent orders state all that. He just hasn’t signed his one yet and was wondering what happens if he doesn’t. I need these signed so I can begin my new loan by myself
 

Atticus

Well-Known Member
6 February 2019
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Would have thought he'd be keen to get paid out .... Annoying, but nothing you can do to compel him to sign a consent application... Are you able to communicate? Perhaps he is seeking independent legal advice before signing?

If he goes past the 90 days, you'll have to make another application. I guess you can let him know that if that happens, an adjustment to figures may have to be made to take into account the extra 3 months..
 

Palms

Well-Known Member
12 November 2019
66
3
204
I would think so too but cause of corona market it took ages get consent orders drawn up my lawyers so think he is bitter and is dragging this out now in spite.
I’ll have to follow him up soon. Nothing is lodged with the courts yet , need him to sign papers before lodging.
 

Palms

Well-Known Member
12 November 2019
66
3
204
Bump ** he won’t sign the paperwork cause he wants more money!! Lawyers costing an arm and leg :(

he also put in non financial contribution in consent order like doing majority of house work (such a lie) and wants to get his ownapprasials to probably try lift the price of house.

i don’t understand how he wants more money when he contributed $0 money towards the deposit of the house
 

Atticus

Well-Known Member
6 February 2019
1,245
197
2,394
he also put in non financial contribution in consent order like doing majority of house work (such a lie)
House work on it's own won't count for anything... did he put a $ amount to that (just for giggles)? Example of non financial contributions that are given any weight are things like child rearing, & the need to give up work to care for a child or family memeber
wants to get his ownapprasials to probably try lift the price of house
Assuming the current appraisal is accurate, chances of a higher appraisal at the moment is pretty low... Just agree to it, but insist it has to be a registered professional property valuer (which is what is actually required by court if a value is disputed) not just Fred's real estate office.. At his cost

If he keeps dicking you around, your only other option is to go to an initiating application rather than consent order application ... In that event, I would be sending him a final offer 'save as to costs' to let him know that you will be pursuing costs if it goes to trial & a judge finds he is entitled to less than your final offer
 

Palms

Well-Known Member
12 November 2019
66
3
204
House work on it's own won't count for anything... did he put a $ amount to that (just for giggles)? Example of non financial contributions that are given any weight are things like child rearing, & the need to give up work to care for a child or family memeber

Assuming the current appraisal is accurate, chances of a higher appraisal at the moment is pretty low... Just agree to it, but insist it has to be a registered professional property valuer (which is what is actually required by court if a value is disputed) not just Fred's real estate office.. At his cost

If he keeps dicking you around, your only other option is to go to an initiating application rather than consent order application ... In that event, I would be sending him a final offer 'save as to costs' to let him know that you will be pursuing costs if it goes to trial & a judge finds he is entitled to less than your final offer
no children so not cost I’m suprised his lawyer said to stipulated the non financial contributions as in he did majority housework etc (ridiculous if you ask me).

currently the house is valued by the bank which I have my loan ready to go just waiting on him to sign his name over . He’s the biggest a hole for lack of a better word and I am so hurt by it all how he’s trying scab more money when he didn’t put in any deposit!!

That’s another thing his lawyer told him it’s at a shared cost!! I’m not paying for that. I will agree to a proper registered property valuer as you said not an appraisal from some local agent who he will swing to raise higher to try scab more money from me.

How much roughly to do initiating application? I’ve already paid about $2k to get this consent order done at my cost.

I do want to go down that road if it comes to it because I cannot fathom how someone thinks he is entitled to more money when didn’t put it any deposit. Yes we paid the mortgage Repayments together but I also bought in more money as a couple to our joint funds. I just can’t comprehend his thinking and what he thinks he is entitled too. It’s affecting my mental health badly and I’ve suffered anxiety and depression because of it all. I think it’s an ego think and cannot stand that I’m living in the house and got the house (rightly so my hard earnt money since I was 14 working at maccas)