Go to court, in my limited experience in the system, even lawyers cannot predict what a judge will decide and it’s up to you to argue your case to get things in or out of the pool.
QLD Ex Lying on Property Settlement Offer - What to Do?
- Thread starter nat 2015
- Start date
Hi Nat, I can understand that your ex doesn't want to involve lawyers until an agreement is reached. It is certainly cheaper on legal fees in you have in place an informal agreement before you engage a lawyer. However, it will be difficult for you to know whether the deal being offered by him is a fair one without you first consulting a lawyer.
Has the registration on the cars been transferred to your ex?
I assume it has, in which case the cars will form part of the divisible property pool. However, including them in the divisible property pool may or may not be to your benefit. If the cars were inherited a long time before separation they will be treated like all other joint property. If, on the other hand, they were inherited toward the end of the relationship, or after separation, your ex might successfully argue that the cars form a separate property pool to which he is entitled to the value of all, or nearly all, of it. Hope this makes sense.
Has the registration on the cars been transferred to your ex?
I assume it has, in which case the cars will form part of the divisible property pool. However, including them in the divisible property pool may or may not be to your benefit. If the cars were inherited a long time before separation they will be treated like all other joint property. If, on the other hand, they were inherited toward the end of the relationship, or after separation, your ex might successfully argue that the cars form a separate property pool to which he is entitled to the value of all, or nearly all, of it. Hope this makes sense.
Hi, they were registered in his mother's name and they actually haven't been registered for over years, and the only reason one of them was registered in his mother's name according to him was he already had too many cars registered in his name.
Look I left with the family car but when he realised I wasn't coming back he took that from me as well. His words were "you left me just, remember that" when I had asked to use the car for me to get our kids around. He declined to allow me to even borrow it.
I have a car there as well that was gifted to me and he's not willing to let me have that either. Look I don't want any property, I did want sentimental items, like sewing stuff from my nan but that has been thrown out. He now has said to me in the last 2 days that he would have to sell our son's truck to pay me out. He has used this line many of times, my son is not old enough to drive, and it was purchased for him as a project. He knows by saying this that it will make me back off as he knows I wouldn't take anything from our children, almost a form of emotional abuse and manipulation.
i too understand about not wanting to involve lawyers, but why have his lawyer draw up a settlement figure that has not included all the property and assets? Can't that be seen as bad character? What I have asked him for is pretty fair and reasonable. He keeps the family home. I will most likely never be able to buy a house.
it's time you put your foot down or you're never going to end this and the time to settle will be up. You need to get legal advice anyway on any proposed consent orders for financial settlement.
Who cares about the truck...there are plenty of other trucks out there - fixer uppers as well. Hell, fight for what you should be getting and you'll have spare left over to buy the kid another truck.
Who cares about the truck...there are plenty of other trucks out there - fixer uppers as well. Hell, fight for what you should be getting and you'll have spare left over to buy the kid another truck.
your right thanks for that advice, i have a meeting with a lawyer next wednesday for 20 min free advice and they said it would be up to practice if they wish to help me in regards to paying them after settlement.
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