VIC EX Has Not Transferred Property Title.

[Stressed parent]

Hi,

This will be my 3rd time trying to post this topic.

My ex after 3 years now has still not transferred a property title from my son back to her as per the court order.

I found this out from final notices sent via registered post this Tuesday from both the local council and water company, they add up to almost $10k.

As part of his career he needs to keep his life "clean" and report anything of this nature to maintain his "clearances"

Ex is crying poor that she cant pay the costs involved to transfer the property title as per the orders.

What can be done here to remedy this situation?

Thanks.

 

[CSFLW]

My ex after 3 years now has still not transferred a property title from my son back to her as per the court order.
Do you mean your son's ex-wife/partner?

 

[Stressed parent]

No it's my ex wife, his mother.

 

[lostinspace]

Get her to sign and you pay for it all......

Or

Get a solicitor and force it to happen through the courts.

And if it only effects your adult child, let them adult and fix it !

 

[CSFLW]

My ex after 3 years now has still not transferred a property title from my son back to her as per the court order.
Do you mean your son's ex-wife/partner?

Thanks for clarifying that.

When you say "transfer the property title as per the orders." is this pursuant to family court orders?

 

[Stressed parent]

Yes, it is pursuant to family court final orders.

 

[CSFLW]

Yes, it is pursuant to family court final orders.

Without seeing the orders, the normal course is to put her on notice by letter and failing that file an enforcement application.

Let me know if you any help

 

[Stressed parent]

Yes, it is pursuant to family court final orders.

Sorry for the very late reply, just to clarify, a small bit, the money was gifted to my son to build the house but the Justice was of the the opinion that children are too spoiled so it had to be in my ex wife’s possession.
To date as of today as I write this she is refusing the transfer.
He took it up with the Federal Court for an enforcement order, he had a court date with a registrar via video last year, she was dismissive of his claim even though his mum didn’t comply with the court order, but agreed to the mums suggestion that they can settle this outside of court, nothing has happened, my son is getting letters from the SRO to pay the land tax for the last 3 years as he doesn’t live at the property but he is still on the Title as legal owner and not including $ 15k plus of water and council rates, that once again she was responsible for all costs, but she wants him to have the house and she will pay all outstanding debts and costs moving forward, he doesn’t want a bar of it and her and wants to move on with his life, but cant as he now has bad credit because of the unpaid rates....
He doesn’t know what to do.

 

[Noel Harris]

A failure to comply with a court order, including an order requiring a property title to be transferred, is a serious matter and can amount to a contravention of the order. You have several options, and they aren't mutually exclusive. First, a contravention application can be filed asking the court to enforce compliance, which can include penalties for your ex. Second, and often more direct where a specific document or transfer is involved, the court has the power to sign documents on behalf of a party who refuses or fails to do so, effectively bypassing the need for her cooperation altogether.

Given the outstanding council and water charges are accumulating in a way that could affect your son's credit history and professional clearances, it would also be worth seeking urgent orders or interim relief to limit further damage while the enforcement process plays out, and considering whether you have a claim against her for the debts that have built up as a result of her non-compliance. This isn't something to keep attempting to resolve informally after three years; formal enforcement steps are the appropriate next move. Getting advice from a specialist in property and financial settlements will help you understand the enforcement options available and get the transfer finalised.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.