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QLD Property Orders After Separation - Warrant Issued

Discussion in 'Family Law Forum' started by Brendan8602, 1 September 2015.

  1. Brendan8602

    Brendan8602 Active Member

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    My ex partner and I co-own a house that was bought together in March 2009. We separated in September 2009 and have continued to co-own the property after the separation. She has recently obtained court orders advising of my removal from the property so it can be sold. My pregnant wife and I currently live in the property, and she is due on the 24th September. I have attempted to negotiate with my ex partner, and she is aware of our intention to sell the property at the end of this year after the birth of my wife and my child, however seems to be pushing ahead with her attempts to have us removed.

    I have previously been approved by the bank to vary the mortgage loan contract and remove my ex partner, however the bank did not advise of the proper procedure and I have since been told that the time limit for the variation to the contract has lapsed.

    Is there any option I have to either delay or stay the execution of the warrant of possession I have been given?
     
  2. AllForHer

    AllForHer Well-Known Member

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    I'm not sure there's enough information here to give proper guidance. Is this part of a property settlement?
     
  3. Brendan8602

    Brendan8602 Active Member

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    There is no settlement, and there has never been any. Court orders were obtained without any mediation or attempt at mediation.
     
  4. AllForHer

    AllForHer Well-Known Member

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    How was the order obtained, then? Did you both attend court for a hearing?
     
  5. Brendan8602

    Brendan8602 Active Member

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    Her and her solicitor attended in person, and I attended via phone as the hearing was in Townsville Federal Circuit Court and she lives there, and I live in Rockhampton in Central Queensland.

    When we separated in 2009, she left the property and hasn't made mortgage repayments at any point. Do my wife and I have any argument for registering a caveat on the property as my wife has been making mortgage repayments since November 2009?
     
  6. AllForHer

    AllForHer Well-Known Member

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    I think you should definitely get legal advice as soon as possible with the view to registering a caveat given your interest in the property, and seek more information about making an appeal. Do this urgently - appeals have a time restriction.
     
  7. Brendan8602

    Brendan8602 Active Member

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    Thank you, I have spoken with a solicitor already and his advice extended to "there's not much you can do, the court has made orders"...do you think there would be grounds for a caveat? Or would it be likely to be a waste of time and/or money?
     

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