WA Divorce

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Atticus

Well-Known Member
6 February 2019
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We shared the funds between us all verbal, she did get almost 70%, i did have shares, she had no money so i sold them gave her 50%, this happened almost 18mths ago, but all the money has now gone and she now wants more, i have nothing but super left to give her .......... The rental which is in both names, she won’t sell, so we still have settlement to do
As no formal legally binding settlement has taken place, it's possible that any funds you have used from that division to acquire other assets since is still going to be in the mix should a settlement be filed.... All you can do is gather as much evidence (money transfer records etc) of the division that occurred 18 months ago that can at least demonstrate that it was a joint decision albeit only a verbal one..

The main problem you have moving forward is the rental in joint names. If she refuses to sell, your options are very limited. You can get divorced & she may not file in the following 12 month window, (she can still seek leave to apply outside of that time frame) but that is just kicking the problem down the road, at some point it will have to be dealt with.

As far as your super goes, assuming it's still being managed in a fund, you will need a splitting agreement & that will most likley be part of a settlement & still involve a court .... If you are wanting to avoid court (and I think you should) It may be that you are going to have to look at offering her something extra from the sale of the rental if she agrees to sell... If that happens, you MUST have it formalised this time.

Doing that via court consent orders will involve scrutiny of all assets at time of separation etc & how it has been dealt with ... I recommend if any agreement is to be reached that you have it formalised as a Binding Financial Agreement (BFA). That will involve solicitors, but won't involve the court & can be done at minimal cost to you both & quite quickly compared to a court process.
 

Scampi1

Active Member
18 June 2021
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When we sold family home and split the funds, that has all gone, but she is abscessed on what i have spent my money on....
The rental...if and when we sell its worth about 30k lower than the mortgage so its a debt, the only asset left is my super and that's not much to fight for as i have only been in Australia for 15yrs.
 

Atticus

Well-Known Member
6 February 2019
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294
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The rental...if and when we sell its worth about 30k lower than the mortgage so its a debt, the only asset left is my super and that's not much to fight for
You haven't been borrowing against the equity in that rental since separation I hope?

If she wanted to claim anything on your super, she would need to send the required form 6 declaration & information request forms to your fund trustee (basically a valuation) & file for orders ... Likely that won't happen if there isn't much to split.
 

Scampi1

Active Member
18 June 2021
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Nothing borrowed against this house…
That’s the silly thing, there is nothing to split apart from my super, I don’t understand why she wants to drag it out when we have nothing, but she isn’t paying any rent/mortgage so she living for free and the bank is letting her get away with it. I pay a lot of rent and CSA so I can’t pay the mortgage that’s why I’m trying hard to sell the rental as the debt is getting bigger….
 

Atticus

Well-Known Member
6 February 2019
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294
2,394
she isn’t paying any rent/mortgage so she living for free and the bank is letting her get away with it.
How many months has the mortgage defaulted? ... Have you spoken to them yourself? Is the mortgage in joint names?
 

Scampi1

Active Member
18 June 2021
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She has only paid $600 in last 10mths, i have spoken to Bank and she playing the hardship assistance and is getting away with it. Yes its in both names, so i have accepted the fact i will have the bad credit rating as she is out to ruin my rating and has made it pretty clear.
 

Atticus

Well-Known Member
6 February 2019
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294
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Your in a bit of a catch 22 situation. The only thing that will compel her to sell (apart from the bank foreclosing that is) is to file for court orders, but filing for orders could come with it's own problems.... Lost count of how many times I've read about amicable breakuops going sour when a new partner comes along.

My advice to anybody else reading this is if you are separated & it's reasonably amicable, get property sorted & FORMALISED before it turns sour....