QLD Consent order - join tenants

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Atticus

Well-Known Member
6 February 2019
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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.
Without seeking special leave, there is a 2 year time frame for either party to apply after the date of separation ... That said, if his name is on the title, it will have to be dealt with at some point & without an agreement, that will involve a court of some jurisdiction or another...

We are talking (relatively) small amounts here .... Really can't see any justification to seek legal costs. Just a threat at this point I think it's safe to say
 

Palms

Well-Known Member
12 November 2019
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Without seeking special leave, there is a 2 year time frame for either party to apply after the date of separation ... That said, if his name is on the title, it will have to be dealt with at some point & without an agreement, that will involve a court of some jurisdiction or another...

We are talking (relatively) small amounts here .... Really can't see any justification to seek legal costs. Just a threat at this point I think it's safe to say
I appreciate you relying more than you know. I think there trying to intimidate me to accept $15k given the time sensitive nature of my personal loan expiry September 12th. Hopefully he is aware of the 2 year process and this will be drawn out if he doesn’t come to an agreement. I tell you now he’s not getting $15k as I do not have that to give.
Seems unfair to go on current loan balance though when I’ve been paying it myself but I guess cause he is still on title. Perhaps I should have gone for half of the $900 rates I just paid.
Hope my lawyer does a good response back noting his expenses out of joint account was a lot more and I contributed probably $200 more a week in our joint account that has since been divided 50/50.
 

Palms

Well-Known Member
12 November 2019
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Replying*

thank you. I guess it’s a waiting game. This is emotionally tolling on me can’t handle much longer
 

sammy01

Well-Known Member
27 September 2015
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I'd be making it very very clear. TODAY accept 8K or accept that you're offer will be taken off the table because your capacity to refinance is extinguished on the 12th And if the banks wont re-pre-approve your loan you're prepared to see it sell (are you?)
So my thinking goes. You can live in the place for 2 years. Save hard, and in 18 months offer him $5K. In 18 months time what might your finances look like? uni degree finished? better work prospects? better chance of loan?

He is working on the urgency - take the urgency out of the equation if you can? And house prices are going no-where fast for the next 2 years. The country is in recession...
 

Palms

Well-Known Member
12 November 2019
66
3
204
I'd be making it very very clear. TODAY accept 8K or accept that you're offer will be taken off the table because your capacity to refinance is extinguished on the 12th And if the banks wont re-pre-approve your loan you're prepared to see it sell (are you?)
So my thinking goes. You can live in the place for 2 years. Save hard, and in 18 months offer him $5K. In 18 months time what might your finances look like? uni degree finished? better work prospects? better chance of loan?

He is working on the urgency - take the urgency out of the equation if you can? And house prices are going no-where fast for the next 2 years. The country is in recession...
Thank you Sam. That’s what I’m getting my lawyer to do but I think she’s looking at the cost I’ve paid to date and saying to consider paying him $15k which annoyed me.
I recently got a pay rise so perhaps that would assist in me getting pre -pre approval. Your right with his stubbornness I can live in place for two years and he won’t be able to purchase his own place which is essentially why he’s trying to scan as much money as he can get. Your right Sam regarding urgency trying to force me into accepting so to speak due to the time line and threaten the courts.
 

sammy01

Well-Known Member
27 September 2015
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Ok so if the only reason to rush is your pre-approval? then I'd suggest forget it. You're not gonna get the paperwork in time.

I'd ditch your solicitor. Have some fun. Write a nice long letter back explaining stuff. Did I mention a really really long letter? Explain that the delays have caused you to have to re-evaluate. That additional expenses have been incurred because of him.
I'm guessing you paid a loan application fee?
The additional valuations etc etc.

But the long letter will cost him $ for solicitor to read.

If the urgency around the bank loan was what he was relying on to scab from you? he has pushed too hard and missed that boat.
He can apply to court. I doubt he will even bother. But you will need to get this sorted at some time. Sadly.... GRRR I hate this bit.... But sadly $15K is cheaper than running this through a court and paying legal bills. So how to avoid that?

I'd suggest you don't use a solicitor. Run your own case. The good folk here will help. Hopefully, he will ditch his solicitor once he knows you're self reping. Good. You're getting good advice here - Let him get up and explain how he cleaned the house...
 
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Palms

Well-Known Member
12 November 2019
66
3
204
Ok so if the only reason to rush is your pre-approval? then I'd suggest forget it. You're not gonna get the paperwork in time.

I'd ditch your solicitor. Have some fun. Write a nice long letter back explaining stuff. Did I mention a really really long letter? Explain that the delays have caused you to have to re-evaluate. That additional expenses have been incurred because of him.
I'm guessing you paid a loan application fee?
The additional valuations etc etc.

But the long letter will cost him $ for solicitor to read.

If the urgency around the bank loan was what he was relying on to scab from you? he has pushed too hard and missed that boat.
He can apply to court. I doubt he will even bother. But you will need to get this sorted at some time. Sadly.... GRRR I hate this bit.... But sadly $15K is cheaper than running this through a court and paying legal bills. So how to avoid that?

I'd suggest you don't use a solicitor. Run your own case. The good folk here will help. Hopefully, he will ditch his solicitor once he knows you're self reping. Good. You're getting good advice here - Let him get up and explain how he cleaned the house...
I can push out settlement day of me getting the home when this gets settled In the background. Haha I’m hopeful that he accepts $8k because his lawyer will charge him again to go back to mine and how many times will he do that. He 100% wouldn’t want it to go to court or sale as well. Haha thanks I just Hope after my solicitor rejects offer puts forward a new one he accepts its costing a bomb in legal fees and I’m sure I’m not the only one. The courts can’t force me to sell can they? My only worry is the threat that if Jacob takes to court I’ll be paying the court costs as well.
 

Palms

Well-Known Member
12 November 2019
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3
204
Also, no loan application fee paid yet. And house valuations we paid $250 each. That was the real dispute now it’s come in at $470 matching my consent order he’s gone crazy now wanting to scab $15k.
 

sammy01

Well-Known Member
27 September 2015
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There are court application costs - If he applies HE pays. Not all that sure about this stuff. But yeah if he wants his $$ now he'll need to apply to court. Look there is a small issue. Settlement is done at time of settlement, not time of separation. So you could hold out for 2 years. And if you can I suggest you do. So the $$ will have changed in 2 years and the asset division will be done base on those numbers. BUT I reckon that will work for you. It is possible the house will be worth less then than now. And if you're the only one whose contributed to the loan in all that time it assists in establishing the case that his contributions have been fcuk all.
I'd be writing back 8K take it or take you to court. Keep it simple.