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VIC Family Law - How to Get Name Off Property and Mortgage?

Discussion in 'Family Law Forum' started by Howzer94, 22 February 2016.

  1. Howzer94

    Howzer94 Member

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    My ex and I have been separated for 2 years and had bought a house together before. We have done a round table dispute but they couldn't help me anymore since he wouldn't do what he said he would, so nothing was able to get sorted. I had asked for him to refinance the house or we sell it, yet he wouldn't.

    Around 7 months ago, I handed my key to the bank with a surrender letter, but he hasn't don't it and won't do so. I am stuck as to what I can do now. Is there anything else I can try under Family Law to have my name taken off of the mortgage and house?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Are you still married?
     
  3. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Howzer94, as AllForHer has asked, before any advice can be provided, we need to know what kind of relationship you had with you ex... and exactly when you separated.

    The short answer is Yes, something can be done pursuant to Family Law.

    If you are still married or have only recently divorced, you will have time to sort out the settlement via the Courts, without requesting approval for a time extension...

    However, if it has been more than 2 years since you separated, and you were in a de facto relationship, you will need to explain the delay, and obtain approval from the Court to lodge the property settlement proceedings late. If it is close to 2 years, you need to act quickly!!

    Kind regards
     
  4. Howzer94

    Howzer94 Member

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    We are divorced as of the 1st of October 2015
     
  5. AllForHer

    AllForHer Well-Known Member

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    So if your ex isn't co-operating, then you have until 30 September 2016 to file for a property settlement through the court.

    The court determines a property settlement by asking four questions:
    1. What's the total value of the joint asset pool?
    2. What are the financial and non-financial contributions of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?
    It would be worthwhile getting legal advice before filing so you know what to expect in terms of percentages, etc.

    However, filing for a property settlement with the court is the avenue available to you, since your ex isn't budging.
     

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