Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

QLD Separation - Husband won't Negotiate!

Discussion in 'Family Law Forum' started by prudence, 13 April 2015.

  1. prudence

    prudence Member

    13 April 2015
    Likes Received:
    I left my husband in our family home 6+ months ago, we have no mortgage & our children are adults. Since separation, I now rent, I have paid 1/2 rates & insurance for 6/12. I want the house sold or to be paid out but my ex refuses saying I will have to take legal action. I have been very compliant with his wishes but I need to financially organise the my life. I fear he may damage or attempt to sell off property, or may already have done.

    What rights can I demand / expect ? How do I get my share if he won't cooperate or discuss this at all?

    Thank you/
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
    Likes Received:
    To start on the road to property settlement, you will first need to organise a family dispute resolution conference with the other party. It's designed to help people reach agreement without court arbitration, but if they don't attend or refuse to negotiate there, you will receive a s60i certificate that must be included in your initiating application for property settlement through court.

    You can apply to have a caveat placed on the property, which is an injunction that stops the house from being sold or dealt with in any way before settlement is reached. I'm hoping someone else here will clarify, but I believe you can do this without needing the s60i certificate. The family law registry can give you more information on how to file for a caveat, so give them a call. They're very helpful.

    I hope this helps.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Concern mother

    11 April 2015
    Likes Received:
    All for her is correct. With regards to property settlement, no certificate is required. It can be done as soon as you separate. You need to act fast though if you're afraid he might do something to depleted the marital pool. Its best you seek legal advice. If you go through legal aid, you might have to wait and time is essence. Its better to engage with a private law firm. I hope you had been researching or ask around for a good lawyer.
    The first thing to begin property settlement is both of you will have to fully disclose your financials. Assets and liabilities. A good lawyer will assist you to look for any hidden assets he might also have.
    You did not mention whether the matrimonial home is solely in his name or both of your names. If its solely in his name he can sell it. However, you have equitable right but you need to act fast now.
    My advice to anyone before they communicate to their partner intention to separate. Seek legal advice first to know your rights. Get prepared so you don't have to spend lots of $$$$ down the track.

Share This Page