LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Property Settlement - Fair Deal to Clear Debts?

Discussion in 'Family Law Forum' started by 2015likeaboss, 24 May 2015.

  1. 2015likeaboss

    2015likeaboss Member

    Joined:
    24 May 2015
    Messages:
    1
    Likes Received:
    0
    I have an agreement offer which includes a $28k debt to stay with my ex wife as this was accumulated prior to when we met. She is trying to include the debt as I have benefited. Now we have separated, my argument is that she still will stay in the industry and work and that she owns the debt. So I refused to take half the debt.

    There is a car that she needs but as its a debt again she wants me to pay half the debt. My instructions are to sell the car clear the debts and we split the remaining money if she doesn't want to refinance.

    Otherwise if I don't agree she has threatened to take me to court to include the hecs debt the car and the property debt if we sell for a loss. ( property settlement)

    Does this sound like she is trying to use me to supplement her income?
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi there

    What is a fair property division depends on a number of factors. This includes what each party contributes to the relationship "asset pool" in terms of income, debts and expenses. It also takes into account the earning capacity of each partner and anticipated financial commitments.

    Take a read of "Property Settlement after Separation". It will help you understand the property division process, what is fair and equitable, and what you and your ex will need to do.
     

Share This Page

Loading...