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WA Ex De Facto Won't Sign Binding Financial Agreement

Discussion in 'Family Law Forum' started by antihype, 2 April 2015.

  1. antihype

    antihype Member

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    Hello, me and my ex have separated from a de facto relationship for about a year. She has gotten her Independent Spouse Visa in March 2014.

    We have purchased a house in WA with mortgage together in 2013. Although the property has her name on the mortgage, she has not paid a cent for this house. I just used her name for the mortgage as my salary was too low for that loan amount. She still live in the house even we have separated, in different rooms of course. She pays $100/week to live in the master room including all bills.

    Now that I want to legally split the property and has got a lawyer to drafted a Binding Financial Agreement. I did tell her about the agreement before I go ahead with my lawyer and paid the fees, she however refuse to sign the agreement now and tried to give me heaps of invalid reason (for eg: her visa will be affected).

    She is willing to transfer the ownership to me as long as she does not have to sign the BFA. I do not know what is her reason behind this though, I do not see how signing the agreement will affect her.

    My question now is if she really does not sign the agreement, is there any way that I am still eligible for stamp duty exemption? Does the transfer of ownership between spouse incur Capital Gains Tax?

    Thank you
     
  2. antihype

    antihype Member

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    Hello all, me and my ex have separated for nearly a year. We have a house under both of our names (I paid for everything) and we still live in the house but different room.

    Initially she wasn't willing to sign the BFA, but she has finally signed it in early May. Now that my refinance application has been approved and we should be settling the property ASAP. She however has left Australia and got no definite return date. She told me she's coming back early June two weeks ago but she's now telling me mid June.

    I think I have waited long enough for it already. It is very stressful to live with her and we are not in a very good term. She is already in her second relationship after we broke up. I need her to move out ASAP.

    My question now is what will happen if she does not sign the loan discharge form, transfer of ownership form & etc? She will not be able to claim a thing from me due to the BFA, but is there any law states that the house will be settled automatically after certain period of BFA? I'm thinking to tell her she has to come back and move out by 30 June. Or else, I'll pack for her and leave her stuff outside the house. Will she be able to take any legal action against me?

    Thanks!
     

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