QLD Property proceedings - selling home

[Complex3]

Hi,

Ex and I are in property proceedings (as well as family). We both bought properties post separation. I’ve dropped 10s of thousands of dollars on solicitors over the past 3 years. Ceased having legal representation 3 months ago. Had a hearing where conciliation & mediation was court ordered but date to be fixed & I need to sell my home to access the equity to re-engage legal representation for mediation/conciliation (date not set yet). At the hearing the OP asked for a trial so I am conscious they may take this all the way and I am financially spent, also can’t cross examine the OP due to cross DVOs so really need to access funds.

The property is a part of the property pool however (as is OPs), is this allowed?

 

[Atticus]

The property is a part of the property pool however (as is OPs), is this allowed?

As long as there is no injunction preventing it ..... Just remember though, that just because you liquidate an asset, doesn't alter it's declared valuation. That is, even if a party disposes of an asset, the court can still alter each parties interest in that asset in a division according to the declared valuation or actual proceeds of sale... Also, each party is responsible for their own legal costs. If you use the money from the sale towards your own legal costs, that is out of your share of whatever the division finishes up being.

 

[Complex3]

Thanks Atticus,

That brings me to another question - the property I bought, was purchased with funds arising from a block of land I owned (I paid him out) OP is trying to say that I received $xx from block of land AND have $xx equity (inclusive of deposit) in my house - but they are the same money? Is that not effectively doubling the same amount of money?

 

[Atticus]

Is that not effectively doubling the same amount of money?

It would appear so from your description... If the proceeds of the sale were used as a deposit then it should just form part of the equity of the acquisition & declared as so only.

 

[Complex3]

Thank you. I will point that out. He used his for a car but I have only elected the value of the car, not car value + money received.

It reads as though I have $60k resources, where as $30k was used for house, $30k is equity in said house.

 

[Dpj]

If you don't think your ex will settle at mediation then go by yourself (don't take your barrister). Let him take a barrister or get the mediator to guide. If you are sick of spending money then self represent until final hearing. Interim hearings and mediation often just kick a can down the road while $10's thousands spill ftom the can. Are there kids involved or is it just property?

 

[Complex3]

Hi DPJ,

Kids involved also do proceedings are in relation to both.

Am SRL with guidance from lawyer.