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

Discussion in 'Property Law Forum' started by Jason Rivers, 19 October 2015.

  1. Jason Rivers

    Jason Rivers Active Member

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    Hi all,

    My partner and her ex own a house together. We are currently living in it after he dumped it in our lap after he was charged for assault on a taxi driver one Christmas, so we moved in as we had no other choice. After his conviction (no jail time) he obtained a job in the mines and was paying $150 a fortnight, so $300 a month towards the $1924 mortgage because that's all he could afford at the time. He now pays $600 a month but I feel that he should be paying more towards the house as he just returned from an overseas vacation to the UK.

    Does he legally have to pay half towards the mortgage? I only ask as my partner is sick and our insurance won't cover the mortgage repayments.
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member
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    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
     
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  3. Jason Rivers

    Jason Rivers Active Member

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    Hey no there has been no property settlement and the house is still in both names as they are still legally married but separated. The only contact we have had with solicitors was when he agreed to release her from the loan so we got the ball rolling on that until he pulled out. They were living together for 10 years before separation. The only emailed agreement they have was on the amount he was paying until he had paid off his court debt.
     
  4. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member
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    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
     
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  5. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member
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