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QLD Property Settlement After Separation Timeline?

Discussion in 'Family Law Forum' started by Gabby Parker, 15 February 2016.

  1. Gabby Parker

    Gabby Parker Member

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    My former husband is living in our former marital home which is jointly owned. There is nothing being done towards property settlement after 10 months of separation. I am concerned he has no intention of selling the home.

    He says there is money to be spent on it to get it sale ready. Either way, I think he will stall the property settlement process indefinitely if he can as he does not want to move out of the home while our children and I are in rental accommodation.

    Is there anything I can do under Family Law?
     
  2. AllForHer

    AllForHer Well-Known Member

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    A property settlement won't necessarily mean he has to sell the house or move out of it. It may mean, however, that he must pay you a sum to buy out your entitlement to the property. You might like to organise an appointment with Legal Aid to get legal advice about what your options are in terms of property settlement.
     
  3. Gabby Parker

    Gabby Parker Member

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    I don't think I will be eligible for Legal Aid and don't have money for a lawyer. What is the time frame for property settlement?
     
  4. AllForHer

    AllForHer Well-Known Member

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    So, you can file for a property settlement whenever following separation, but you only have 12 months after the divorce is finalised to file. If you file through the court, a property settlement can take up to a year or two to finalise, so it's best to do it privately.
     
  5. Lennie

    Lennie Member

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    AllForHer and Gabby I am going through something similar right now - almost 7 years after we separated.

    You can apply years later, but you must satisfy the requirements for leave will be granted. I recently read about a case where the applicant received a favourable settlement 23 years after the relationship ended.

    To give you both a good start point, I would suggest finding an accredited FL solicitor who will perhaps give you an initial consultation and opinion, then you can decide whether to engage them.

    I had been told by a solicitor that it would be hard to get me a settlement after so long, but this one actually gave me the reasons why I satisfy the criteria considered in determining whether you can apply for leave from the court or whatever it's called.

    Good luck with it ladies.
     
  6. sammy01

    sammy01 Well-Known Member

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    Get mediation happening with Relationship Australia. It won't work, but you need the certificate they will give you in order to apply to court. Then apply to court. Self represent.

    Or move back into the house....

    Look, the reality is why the hell should he sell the house or move out or do anything else? What motivation is there for him to do anything?

    When I was in your situation, the house still had a mortgage on it. She was living there and I was paying the mortgage. She had no interest in changing that scenario and had no interest in negotiating over anything. Once I stopped paying the mortgage, her attitude changed. So short version - what you're doing isn't working, so do something else...
     
    Lennie likes this.

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