QLD Someone please help. Don't know where to start - property settlement

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Hairdressermum

Active Member
11 September 2020
6
0
31
Hi and thanks in advance. I was in a relationship for eight years, me ex partner and I, had 3 young children (the youngest is 1) and purchased a house 5 years ago, he worked while I looked after our business and children. We purchased a house about 5yrs ago. There was alot of dv done to me culminating 11mths ago he hurt me very badly and I ended up hospitalised. He went to jail, however he got supreme Court bail after 3mths and then immediately breached by posting revenge porn videos of me over social media. He was returned to prison however took a plea I'm guessing for it only as a dv breach and got probation and community service and a fine allowing him to reinstate his supreme court bail. These were all dv related and he is awaiting trial for very serious charges on and will most likely be given a custodial sentence. I was cut off from the business when we split however I remained in the house with the children. I have tried to mediate when his parents had his p.o.a whilst he was in prison on remand. It didn't go anywhere and Im scared I could push him over the edge which scares me if I filed for the property. The dv through our relationship was very bad and I basically didn't exist on paper, wasn't allowed a phone or even a bank account, any money I earnt, inherited etc had to go into his account. My name was on nothing, basically I never existed for about 9years.

Recently a few days ago the house was put on the market far less than its worth we worked up a lot of equity, I've avoided going to court because I'm scared he would snap and attack me. However as the kids and I are still in the house and the house is now being sold we could end up homeless. I've been looking for rentals however I earn enough just to cover our bills and with 3 kids it's proving to be hard. He refuses to pay no child support and took anything of value except I stayed in our house with the children to keep some sort of normalcy in their lives and shield them from any more stress.

My question is can I stop the house from being sold and freeze everything so I can apply to the courts for a property settlement and give me and the children enough time to find a rental. Yesterday one of his associates showed up to the house and said I need to get out on Tuesday they are coming back with police and paperwork and removing me, however It could be just the usual harrassment and intimidation I am used too. He believes I'm entitled to nothing and refers to the children in horrible names and says I need to take them and f off. other people rely these threats etc and harrass me so it's become normal.

Basically I want to
1. Freeze the sale, stop it and if I has been sold reverse it therefore protecting the kids and I from having nowhere to go. I have no idea how to protect my financial interest.

2. Also get the house appraised and sold for what it's worth which the median house price in the area is 550,000. He has listed it very very considerably less perhaps for quick sale. Almost 70,000.

3. Start the process for a property settlement. There was alot of money in accounts etc however for now I'm only concerned with keeping the kids and I under our roof, until I get approved for a rental and can kick off all the court processes.
 

Atticus

Well-Known Member
6 February 2019
1,834
265
2,394
You'll need a professional to look over the facts & figures, look at what is possible & recommend a course of action... I would think an urgent ex parte hearing (one party only without the other knowing) & an application for an injunction that can include exclusive occupancy of the marital home pending a settlement outcome *may* be appropriate, but again will depend on the facts & circumstances.

I recommend you contact these people URGENTLY >>>> Who We Help | Women’s Legal Service Queensland

Hopefully they can directly assist
 

Docupedia

Well-Known Member
7 October 2020
251
25
659
This sounds like prime territory to get a caveat lodged against the property to stop it being sold. This is not DIY. You need to get in to see a family lawyer with specific understanding of Queensland property law.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,129
958
2,894
See a QLD family lawyer asap.