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WA Debt - Ex Forcing Me into Bankruptcy - What to Do?

Discussion in 'Debt and Bankruptcy Law Forum' started by ERM, 1 April 2016.

  1. ERM

    ERM Member

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    Hello.

    I'm after some help in regards to the position I am being forced into.

    I separated from my ex three years ago and have been divorced for around nine months, in which time he has accumulated a large personal debt of around $70k and has stopped paying the mortgage on our property that he resides in. The bank will start foreclosure in the next month.

    He has told me through texts that he is going to declare himself bankrupt and force me into bankruptcy as well, as I can not afford to pay the arrears on the house. He has a high paying job of around $130k p/a and has tennats living with him. I run a small business which is my only income from my rental property and can not afford to hire a lawyer.

    I have tried mediation and negotiations but he is refusing to budge.

    Can I protect myself in anyway? Can I request an urgent court date? Is there a site that I can access information from as I will need to represent myself?

    Any feed back will be helpful.

    Thanks
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
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    Hi ERM,

    I would consult a lawyer and consider filing an application for a property settlement in the family court before your 12 months is up. The family court has wide powers to deal with your asset and make orders, even where bankruptcy is an issue.

    Bankruptcy in family law matters - Family Court of Australia
     

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