VIC Investment property holding costs

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now

Dpj

Well-Known Member
1 July 2020
147
7
414
Background) I want to keep an investment property as one day i want to live there. My ex wants to sell. The property was neutrally geared lets say ($4k monthly P&I repayments of which ~$2k was interest). Then corona hit and rent return dropped 40%. In May, settlement proceeds from the sale of the only other real property were put on this loan. Now interest is ~$1k and if adjusted, P&I would be ~$2k. Property would again be neutrally (slightly positively) geared. My ex is refusing to allow adjustment of the $4k monthly P&I and thus loan is ~10 years in advance.

Final hearimg date is late 2021

Q) If i want to retain the property, can i be made soley liable for all associated costs of the property prior to the final Property Settlement Orders? Or would that only occur upon final property settlement.
Q) could a judge in an interim hearing force transfer of that asset into my name soley despite property orders not being finalised?

I suppose bottom line is if corona lasts longer term, property settlement goes all the way to the final hearing, and repayments are forced to be paid at the $4k, then that will be a cashflow burden.