house expenses

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neveragain

Member
27 November 2023
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0
1
My ex moved out of our house 3 yrs ago and has refused to pay for any of the mortgage, rates ,strata fees and maintenance costs, i have had to pay for it all. Is she legally responsible for a portion of these costs if the house is in her name too.?
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Oh dear,
Were you married? are you divorced?
Oh mate, you need a solicitor. You are caught up betwen both family law and property law. This is way too complex to just accept the advice of a punter with a keyboard like me....

But I can tell you that you MUST not delay getting this sorted. Don't dare try and do this on the cheap - Plenty of good people have posted here about hand shake agreements and cash payments that have gone bad and are not enforceable in law. You will need her signature when you sell the house and SHE has no obligation to agree for you to have the profits from the sale....

And the fact that she has not contributed to mortgage, rates etc etc is important IF a judge was deciding how this asset should be divided BUT it is only one factor.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Is she legally responsible for a portion of these costs if the house is in her name too
Maybe. See a family lawyer, or 2, for advice. Hopefully you are not in NSW.
 

lostinspace

Well-Known Member
25 November 2023
21
1
124
Depends. If they are claiming they own part of the property, I would say they are, but why have you not worked on settling your property ?

This is something where all the facts can be seen, and then someone can guess how a court may look at it, but you can do a formal settlement by agreement, but you need to know what it is that you are likely entitled too.