QLD Consent order - join tenants

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Palms

Well-Known Member
12 November 2019
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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 $$$
Did you pay the house deposit ?? You poor thing sounds so similar and like an a**!!! Yes you would thinK he would want it over that’s what I keep thinking too: hoping it’s over for the both of us soon
 
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Palms

Well-Known Member
12 November 2019
66
3
204
**bump** his lawyer is arguing the status of our relationship that we haven’t lived together more than 2 years so defector commenced December 2018. His lawyer said “it is not the case that the parties need to live together in the same household at all times during there relationship for the parties to be considered a defacto for the purpose of the family law act 1975. We are surprised that you would put forward such a position (see for instance Kazama and Britton [2013] FamCa4, Dakin & Sanctuary [2010] FMCA4 , Dakin & Sansbury [2010], FMCAFam 628 & Smyth & Pappas [2011] FamCA 434.

I’m so annoyed if my loan expires and this isn’t wrapped up soon can they really force me to sell the property ?? His lawyer is in his ear saying he gets 50% of sale so maybe not a bad thing if it goes to sale 😭
 

Palms

Well-Known Member
12 November 2019
66
3
204
**bump** his lawyer is arguing the status of our relationship that we haven’t lived together more than 2 years so defector commenced December 2018. His lawyer said “it is not the case that the parties need to live together in the same household at all times during there relationship for the parties to be considered a defacto for the purpose of the family law act 1975. We are surprised that you would put forward such a position (see for instance Kazama and Britton [2013] FamCa4, Dakin & Sanctuary [2010] FMCA4 , Dakin & Sansbury [2010], FMCAFam 628 & Smyth & Pappas [2011] FamCA 434.

I’m so annoyed if my loan expires and this isn’t wrapped up soon can they really force me to sell the property ?? His lawyer is in his ear saying he gets 50% of sale so maybe not a bad thing if it goes to sale 😭
Defacto **
 

Palms

Well-Known Member
12 November 2019
66
3
204
just apply to court.
I’ve already spent $4000 in legal feels and not sure how much it is to apply to court or what kind of money the judge will give him? I’m confused as to what leg he has to stand on🙄 yes we both paid the repayments but in the first year you only knock off interest not principal. I paid deposit and the agent deposit and brought in more money financially
 

sammy01

Well-Known Member
27 September 2015
4,267
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ok, so this s**t needs resolving. Either apply to court or agree to what he wants. I'd apply to court. The application is the first step. You can come to an agreement even after the court application. Maybe it is the stick you need to get him to play nice.
 

Palms

Well-Known Member
12 November 2019
66
3
204
ok, so this s**t needs resolving. Either apply to court or agree to what he wants. I'd apply to court. The application is the first step. You can come to an agreement even after the court application. Maybe it is the stick you need to get him to play nice.
Your telling me !! I’ll have a chat my lawyer this is affecting me mentally. Thanks Sammy for advice to date
 

Atticus

Well-Known Member
6 February 2019
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2,394
his lawyer is arguing the status of our relationship that we haven’t lived together more than 2 years so defector commenced December 2018. His lawyer said “it is not the case that the parties need to live together in the same household at all times during there relationship for the parties to be considered a defacto for the purpose of the family law act 1975.
You need to go over in great (honest) detail the EXACT circumstances of your relationship with this bloke (with your lawyer) starting from the beginning of your meeting to separation .... Have you done that?... What was your lawyers opinion on it falling within the definition of de facto? ... Yes, no or possibly?

Some of those cases quoted were for quite long term relationships that, whilst not living together full time, met several other criteria of what constitutes a de facto under the act, mostly around significant financial support (as in supplying & or fully paying for accommodation, support of kids etc)

Be a little cautious about racing to a court application yourself... The onus to prove, or disprove the legal existence of a de facto is on the applicant ... discuss with your lawyer

Below is the part of the act that is used to determine if a de facto relationship existed.

FAMILY LAW ACT 1975 - SECT 4AA De facto relationships
 

sammy01

Well-Known Member
27 September 2015
4,267
621
2,894
Yeah this isn't really family law. But you want it to be...
So if you're not de facto then this is a property law matter I have no idea how that would work out BUT in family law he definately isn't gonna get half.
 

GL1001

Well-Known Member
26 December 2018
17
2
74
If he doesnt sign, then theres no consent and you will have to commence proceedings .