QLD Does Partner's Ex Have to Pay for Half the Mortgage?

Hi, this is actually (in the first instance) a Family Law question.

Did your partner and her ex, reach a binding property settlement agreement? or were there Court orders issued regarding their Property Settlement?

How long were they living together, on a genuine domestic basis? How long ago did they separate?

If an property settlement was reached outside of Court, were lawyers involved? Please advise whether both sides had their lawyers issue certificates of independent legal advice, before they signed the binding property settlement, what is usually called the BFA - Binding Financial Agreement.

I assume both their names are on the title to the house, as joint tenants in equal shares?

Please advise if the shares are not equal, or the property is in one name only?

I assume both their names are on the mortgage? Again, please advise if this is not the case.

I await your responses,

Kind regards

 

The solution is (as they are separated) for them to reach a binding property settlement (this can be done with the assistance of lawyers (outside of Court)) or with or without lawyers... they can lodge property settlement consent orders with the Court.. at anytime after separation.

If they both cannot agree, the process can be forced to occur through the Courts, via an application tp the Court to grant property settlement orders.

This will allow them to separate financially. Your partner may also want to sort out the divorce at the same time.

Until this is done, they are still linked financially.

Kind regards

 

Here is a link to prescribed reading issued by the Family Court:

http://www.federalcircuitcourt.gov....&CACHEID=7db1162a-8de7-44f0-8b2c-0fc65b953d3f