LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

SA Property Jointly Purchased with Ex and Her Parents - Splitting Ties?

Discussion in 'Property Law Forum' started by Shane Parker, 4 August 2014.

  1. Shane Parker

    Shane Parker Member

    Joined:
    4 August 2014
    Messages:
    1
    Likes Received:
    0
    Hi,
    I have an ongoing issue with my ex-girlfriend and her parents.
    In March 2011 we all purchased a property, tenets in common in the following percentage:
    50% - Me
    25% - Ex-Girlfriend
    25% - Her Parents

    The loan was taken out for the full amount at her parent’s financial institution using the parents other assets as collateral, they wanted to fix the loan for 5 year at 7.6% so this was also completed.
    The relationship went south to the point where I said I couldn’t do it any longer as my ex had other interests I didn’t agree with. I offered them the option if they wanted the property or not as I didn’t mind at the time. They decided that they wanted to retain the property and would refinance so I would be removed from the title and loan.

    While moving out the situation got nasty and I was only allowed to take my clothes and not able to return and collect the rest of my belongings. (purchased house items: appliances/furniture)
    I have tried to be nice with them all, with the whole situation as my ex also is supposed to pay me $12,000 by the end of 2015 for a car I lent her the money to purchase where there was nothing in writing and the car purchased in her name. However they have always verbally agreed to the repayment terms.

    So now the real issue is making them act on the refinancing as I have clearly pointed it out to her parents that it is financially better for them to complete this sooner rather than later. I informed them in July 2013 that the relationship was over and in September 2013 I left the property with the understanding that the refinancing would happen, I would be able to collect my belongings and receive payment of $12,000 by the end of 2015 which could still possibly happen. Although it has now been one year on and the first two issues are still unresolved.

    Adding to the equation my ex who will be turning 23 this month has only weeks ago become engaged to another younger man with possibly a 2 year old daughter and may also possibly be living all together in the property in question.

    Any strategies or suggestion under Property Law on how any of my problems could be resolved from a legal point of view would be greatly appreciated.

    Thank you.
     
  2. Amanda E

    Amanda E Well-Known Member

    Joined:
    9 April 2014
    Messages:
    154
    Likes Received:
    20
    Hi Shane,
    I assume you don't have a Co-ownership Agreement in place? (which would deal with this kind of situation where one tenant in common wants to sell).
    How long were you and your ex girlfriend together? (Were you de facto?)
     

Share This Page

Loading...