Hi,
I am hoping that I can get some guidance, some expectation of what I may be in for as far as a peroperty settlement is concerned and some advice on how to remove my ex from my apartment.
I have a basic timeline as follows:
* Began talking to my ex in April 2012
* Met up in the U.S in July 2012 and entered into a relationship and discussed plans for her to move to Australia on a one year work holiday visa
* I purchased an apartment in August 2012 with a combination of my own savings, borrowed finances from my mother and a first home owners grant and subsequently purchased with my own funds or was gifted household items such as refrigerator, washing machine etc.I also had air conditioning installed for approximately $5K.
* My ex moved to Australia in December 2012 with only $6,000 intended to pay for a subsequent visa if we decided to continue with the relationship beyond the one year, and immediately resided with me at my apartment.
* Around mid-2013 we entered into a registered relationship and in December 2013 I sponsored her for a spouse visa.
* In 2014 we became engaged
* In 2016 I sponsored her for her permanent residency.
* In December 2016 our relationship broke down, however we made attempts at reconciling and from around March 2017 began sleeping in separate rooms
* Tomorrow we will be submitting forms to revoke our registered relationship and my ex is now dating someone else.
Our asset pool comprises of the following significant items:
Myself:
House now valued at $370K (with mortgages totalling $212K and $11K in borrowed money owed to my mother).
Superannuation worth $65K
Shares worth $9K
Car worth about $5K
miscellaneous personal items amounting to about $10K in re-sale value.
My ex:
Engagement ring and dress ring which were valued at about $17K combined.
Car worth about $7K
Personal bank account which I estimate to contain perhaps $5K
Superannuation of perhaps $10K.
Furniture and television purchased in the past 2 years which had a combined value when new of about $16K.
For almost all of our relationship we had shared bank accounts and she was a secondary card holder to my credit card. The loan was paid for out of my bank account which has her as a third party signatory and her pay was also going into this account, although the loan repayments coincided with my pay. Following advice, as of December 2016 I created my own bank account and have been paying the loans from this account since then.
My ex is of the belief that, despite my name being the only one on the deed and the mortgage being solely in my name, she is entitled to half of the equity less my initial contribution. I suspect that she would also make a play for a slice of my shares, super and anything else that she can get her hands on. Without having legal advice as yet, she seems to think that a pay-out to her of around $30K is 'fair'.
She is also residing in my apartment and has been for months now, and I don't know if or how I can evict her. Every week that she is there is costing me $350 in missed rent, as once this is sorted I intend to move back in with my mother.
Truthfully, I believe that we should both walk away with what we own. Despite her having a stable job now, I have supported her through 4 periods of unemployment and she has a history of reckless spending. I'm quite hurt that she intends to chase me for more money, especially since now she is only helping with the bills (electricity, internet etc) but is living there rent free.
I have booked to see a family lawyer next Thursday for an initial consultation and I understand that she is doing the same tomorrow.
I know that there are a lot of variables, but I am wondering if anyone here might have some indication of an amount that I will likely have to pay her as part of a settlement (if anything), and if there is a way to have her removed from my property (or to force her to pay rent without it looking as if she is contributing to the loan repayments?
Kind regards,
Simon
I am hoping that I can get some guidance, some expectation of what I may be in for as far as a peroperty settlement is concerned and some advice on how to remove my ex from my apartment.
I have a basic timeline as follows:
* Began talking to my ex in April 2012
* Met up in the U.S in July 2012 and entered into a relationship and discussed plans for her to move to Australia on a one year work holiday visa
* I purchased an apartment in August 2012 with a combination of my own savings, borrowed finances from my mother and a first home owners grant and subsequently purchased with my own funds or was gifted household items such as refrigerator, washing machine etc.I also had air conditioning installed for approximately $5K.
* My ex moved to Australia in December 2012 with only $6,000 intended to pay for a subsequent visa if we decided to continue with the relationship beyond the one year, and immediately resided with me at my apartment.
* Around mid-2013 we entered into a registered relationship and in December 2013 I sponsored her for a spouse visa.
* In 2014 we became engaged
* In 2016 I sponsored her for her permanent residency.
* In December 2016 our relationship broke down, however we made attempts at reconciling and from around March 2017 began sleeping in separate rooms
* Tomorrow we will be submitting forms to revoke our registered relationship and my ex is now dating someone else.
Our asset pool comprises of the following significant items:
Myself:
House now valued at $370K (with mortgages totalling $212K and $11K in borrowed money owed to my mother).
Superannuation worth $65K
Shares worth $9K
Car worth about $5K
miscellaneous personal items amounting to about $10K in re-sale value.
My ex:
Engagement ring and dress ring which were valued at about $17K combined.
Car worth about $7K
Personal bank account which I estimate to contain perhaps $5K
Superannuation of perhaps $10K.
Furniture and television purchased in the past 2 years which had a combined value when new of about $16K.
For almost all of our relationship we had shared bank accounts and she was a secondary card holder to my credit card. The loan was paid for out of my bank account which has her as a third party signatory and her pay was also going into this account, although the loan repayments coincided with my pay. Following advice, as of December 2016 I created my own bank account and have been paying the loans from this account since then.
My ex is of the belief that, despite my name being the only one on the deed and the mortgage being solely in my name, she is entitled to half of the equity less my initial contribution. I suspect that she would also make a play for a slice of my shares, super and anything else that she can get her hands on. Without having legal advice as yet, she seems to think that a pay-out to her of around $30K is 'fair'.
She is also residing in my apartment and has been for months now, and I don't know if or how I can evict her. Every week that she is there is costing me $350 in missed rent, as once this is sorted I intend to move back in with my mother.
Truthfully, I believe that we should both walk away with what we own. Despite her having a stable job now, I have supported her through 4 periods of unemployment and she has a history of reckless spending. I'm quite hurt that she intends to chase me for more money, especially since now she is only helping with the bills (electricity, internet etc) but is living there rent free.
I have booked to see a family lawyer next Thursday for an initial consultation and I understand that she is doing the same tomorrow.
I know that there are a lot of variables, but I am wondering if anyone here might have some indication of an amount that I will likely have to pay her as part of a settlement (if anything), and if there is a way to have her removed from my property (or to force her to pay rent without it looking as if she is contributing to the loan repayments?
Kind regards,
Simon
