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VIC Property Settlement in a De Facto Relationship - Any Ideas?

Discussion in 'Family Law Forum' started by broomie21, 16 January 2016.

  1. broomie21

    broomie21 Well-Known Member

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    Hi all,

    I have a joint mortgage with my ex and we have been separated for over 3 months now. I have just lost my job and now want to head interstate to be with my dying mother. My question is, what do I need to do to make sure I am entitled to my share of the house in property settlement once I have moved out?

    At the moment, I am paying for everything but that will soon have to stop and she will have to either re-finance into her name or sell up and split the equity. The main problem is that she doesn't communicate or make any moves so I don't know where I stand on things.

    I know she will fight to get as much as she can of the property but I am sure after every loan payment coming out of my account since we first got the mortgage that I will be entitled to hopefully half as we don't have kids and we both have our own stuff.

    Any ideas?

    I need to be gone by mid-February and don't want to have to come back to fight it out in court.

    Cheers
     
  2. sammy01

    sammy01 Well-Known Member

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    How much equity do you reckon there is in the house?

    Stop paying for anything. Yep, risk losing the thing. Why would she wanna negotiate when she is living rent free in a house you're paying for? So, once the bank threatens foreclosure, I reckon she'll be more than willing to start negotiating.

    Don't worry about your credit rating. Banks understand that s**t happens. You've ended a relationship and your mum is a crook, they will be considerate of that.

    Do you think the ex can actually re-finance? Or does it have to sell?
     
  3. broomie21

    broomie21 Well-Known Member

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    She has the capacity to re-finance. Good job and I think she has already been to the bank.
    I will need the money from the house, either way, that's why I'm reluctant to move until I have some closure?

    Cheers for the reply
     
  4. JS79

    JS79 Well-Known Member

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    Broomie - I would be looking at obtaining some legal advice from a local family lawyer - they can let you know what you would probably be entitled to.

    The limitation period for property settlements is 2 years after you separated or 1 year and 1 day after your divorce hearing. I would also ask them for advice regarding putting a caveat on your house so it cannot be sold from under you.
     

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