QLD Consent order - join tenants

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Palms

Well-Known Member
12 November 2019
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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.
I think in my area the house is going to go up so I fear doing that and really don’t want to be paying repayments with his name on the title. My lawyer is drafting that draft I’ll let you know what it says . Few disputes about fictitious comments like “doing all the cleaning” such bull!! And to say I stayed at his of a weekend back in Sydney. Unsure how relevant when we weren’t living together for two years and in the eye of the court isn’t that what they look at length living together ??
 

sammy01

Well-Known Member
27 September 2015
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yeah staying t his for the weekend? all that proves is you were not defacto. So this is just a dispute about the assets. Any chance he has more superannuation than you?

I'm guessing. But probably best dealt with under family law 'defacto' than property law? dont know, I don't know anything about property law legislation. But if it goes beyond the 2 yr period for family law then it would be a property law dispute.
 

Palms

Well-Known Member
12 November 2019
66
3
204
yeah staying t his for the weekend? all that proves is you were not defacto. So this is just a dispute about the assets. Any chance he has more superannuation than you?

I'm guessing. But probably best dealt with under family law 'defacto' than property law? dont know, I don't know anything about property law legislation. But if it goes beyond the 2 yr period for family law then it would be a property law dispute.
thats what I don’t understand as we having understand. He doesn’t have more superannuation then me.

My lawyer sent off for the counter offer so hope he won’t dispute again he should know it cost each time. No way I’m paying $15,000 for this be over. I really lose my loan offer be just sit in the house paying with him on the title .
 

Palms

Well-Known Member
12 November 2019
66
3
204
If I lose my loan offer I will just continue paying repayments by myself with him on the title until covid is over and I can get a loan again with my commissions **
 

sammy01

Well-Known Member
27 September 2015
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well that is when you get to have fun.... Clearly you're gonna need to procrastinate and he can wait for his money. Let him apply for court. It will take months for this case to proceed. A year or more I reckon. All for a few grand? That reality might bring him back to earth.
 

Palms

Well-Known Member
12 November 2019
66
3
204
well that is when you get to have fun.... Clearly you're gonna need to procrastinate and he can wait for his money. Let him apply for court. It will take months for this case to proceed. A year or more I reckon. All for a few grand? That reality might bring him back to earth.
it’s more than a few grand though he wants $15 I offered $8.I’m hoping the $15 offer was just high balling!!
Oh also since he wanted to talk about non financial crap I mentioned how he took majority of everything and didn’t leave me with a bed to even sleep on !
 

QS_over

Member
28 August 2020
3
0
1
I feel you on the mental state you are going through - similar situation for me currently. My mind is consumed as I wait for yet another letter from his (free) solicitor disputing assets by $200 here and there and costing me a fortune! Hang in there.... and you are welcome to message me if you needa chat :)
 

Palms

Well-Known Member
12 November 2019
66
3
204
I feel you on the mental state you are going through - similar situation for me currently. My mind is consumed as I wait for yet another letter from his (free) solicitor disputing assets by $200 here and there and costing me a fortune! Hang in there.... and you are welcome to message me if you needa chat :)
you poor thing it is soo emotionally tolling isn’t it. Very hard to work full time and go through all this!! At least yours is only a few hundred. Can you put yours to bed for your mental state ? How did he get a free solicitor ?
 

QS_over

Member
28 August 2020
3
0
1
you poor thing it is soo emotionally tolling isn’t it. Very hard to work full time and go through all this!! At least yours is only a few hundred. Can you put yours to bed for your mental state ? How did he get a free solicitor ?
So hard when working! Im off my game at work, I know, but my supervisor has been really understanding. Similar to you, I remain in the home and we verbally agreed to me paying him out half the equity. I had the papers drawn up, then I receive a request for financial disclosure and assets from a community justice centre (he is unemployed and eligble for free represntation) I send this to them, and the response from his is " her car is worth $5200, not $5400" and this went on and on and on, disputing asset amounts and costing me a damn fortune in solicitor fees!! The killer for me emotionally was when he included an future inheritance as an asset and counter offered over $100,000 !!!!! I counter offered again, including half my super on top of half the equity - and its been 2 and a half months since that offer. I just wanna live my life, ya know? Let alone, my bank approval was a year ago pre-covid and I wonder if they will even help me in 2020. You would think they would want it settled to get on with life, but no - its the $$$
 

sammy01

Well-Known Member
27 September 2015
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621
2,894
apply to court QS the ex is unlikely to get free legal respresentation once the court application is done.
 
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