NSW Property settlement after nearly a decade

Discussion in 'Family Law Forum' started by WhatNow, 5 May 2019.

  1. WhatNow

    WhatNow Active Member

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    Family court has ordered a property be valued for sale as both mine and exs names are on the title .
    Bit of background info for context,
    Weve been seperated for over 8 years.
    Ex lived at property for less than 3 months (over 8 years ago).
    All financial contributions were & have always been made by myself including deposit /8 years of mortgage payments / rates/ water etc.
    On top of that Ex owes around 8 years in unpaid child support payments as I have always had 100% parental responsibility (as ordered by family court).
    Unfortunately Ex and I cannot meet on amicable terms to discuss this and he is seeking a 50%/ 50% split after selling the house... Is this likely to happen? Ideally Id like to buy him out but without knowing what percentage hes looking at getting I dont know if thats a viable option for me financially.
     
  2. sammy01

    sammy01 Well-Known Member

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    Oh wow.
    So you're not gonna like this... But this is the reason why asset division needs to be done shortly after separation. See, according to property law, the place belongs equally to both of you, so hence his argument for 50/50. But that is madness. So without an agreement you're gonna have to waste a small fortune on fighting this out in court. You will win (i reckon) and the court will order the ex's name be off the title and you'll have to pay half stamp duty... So all that will set you back a pretty penny.

    So can you explain - how has the ex avoided child support?

    What % he is likely to get? Well let's take a pause - so the most important question here is how long wer eyou together? how long did you live together? The duration of the relationship is what is gonna matter here. Then there are other things like superannuation. But i'd suggest the ex will get nothing except some legal bills. So, has the ex seen a solicitor? and how far though the process are you? I'm assuming you've already had at least 1 hearing? I reckon you need to wait and see what the court orders, but it is likely that the best result would be to sell the place, but wait until you see what the courts order before doing anything else...
    Between you and me - the ex is being twit to think he is entitled to 50% of an asset for which he has contributed 0%. The law isnt that stupid
     
  3. WhatNow

    WhatNow Active Member

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    Thanks Sammy.
    As for the child support Im not entirely sure how hes managed it for so long, I could speculate but I'll spare us both.
    The only things I know for certain are when we originally split we had just purchased a business, using the house as collateral to secure the loan. Only his name was attached to the business but both names were on the title to the house and mortgage. He sold or lost the business when he filed for bankruptcy and my payments went up so as to avoid losing the house. Good news being bankruptcy doesnt affect child support debts.
    He currently runs his own small business (I believe the business is in his new partners name though). He has had (a few years ago) his wages garnished but very soon quit that job so as to avoid it from happening.
    The relationship lasted 6 years in which we lived together the entire time.
    He does have representation now but was self representing throughout the parenting plan part of it all which is now settled.
    Weve just been ordered to have the house valued which is in the process as we speak.
    I appreciate your input Sammy. Whether I like it or not is not as important as just knowing where I stand. So again thank you
     
  4. sammy01

    sammy01 Well-Known Member

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    So he is gonna waste a bucket load on solicitors trying to get 50/50. He will not succeed. So eventually, he will realise he is wasting money. hopefully, he learns that fast, otherwise it is gonna take some time through the courts, and that is gonna cost both of you.
     
  5. WhatNow

    WhatNow Active Member

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    True .
    Although If i was to take out a loan now to cover those costs itd technically be a shared debt would it not?
     
  6. Atticus

    Atticus Well-Known Member

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    Legal costs are the responsibility of each party unless court orders say different. Costs orders are not easy to get. Many factors
     
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