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QLD Property Settlement and Debt Issues with Bank

Discussion in 'Family Law Forum' started by Dora, 29 August 2016.

  1. Dora

    Dora Member

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    I was wanting some information please. I am representing myself in our Property Settlement and so is my ex partner.

    When I first had a lawyer, I made an affidavit, but now this settlement has gotten very nasty and my ex is not giving disclosure on a scam he appears to be involved with, which has lost approx. 3/4 of the property pool. Both our lawyers agreed that I would be entitled to a substantial amount of the pool due to business dealings we had made during the relationship.

    My ex's view is 'if I can't have it all- you can't have any"!

    1) Can I make another affidavit to add to the first one? Because I left due to violence, I had no time to collect any documentation, and I believe some things need to be clarified and detailed.

    2) My ex is now in the hospital and may not be coming out because of his health. In another week, I am going to be homeless again. Can I move back into the house? We have animals that need looking after.

    There is not much of the property pool left and a debt of $270,000.00 which has fallen into arrears. I want to salvage what I can, and make sure he has not sold more of the pool.

    We are both on the title. The house is freehold, but the debt is over a house, which if the bank takes it - will not cover the debt as the market has fallen.

    I had insurance for my ex's health in case he got sick but the insurance company said he was not covered for 'trauma' so they closed the insurance claim and sent a cheque to our bank with the loan. The bank took the money and put it on the principle.

    3) I queried this as the amount would have paid the arrears that were outstanding. I would have put the account into 'interest only' and it would have given me enough breathing space to work out how to pay off the loan.

    The bank would not move the payment and now they are threatening to take the house. Can they do that?

    Any help would be appreciated.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
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    1. Yes you can submit a supplementary affidavit to add in further evidence.
    2. If you are both on the title you both have prima facie right to live there. One cannot at law exclude the other.
    3. sorry not sure!
     

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