QLD Tenants in Common with Partner - Property Settlement?

[dornoc]

I separated from my de facto about 15 years ago. We are tenants in common in a property he still lives at. He agreed to buy my half about 12 months ago but hasn't followed through. What can I do with regards to property settlement?

 

[sammy01]

It is now a property law matter - have you been paying the mortgage?
You only have 2 years from separation to organise asset divison through family law.

I think you need to see a property law specialist.

 

[dornoc]

There is no mortgage & I can't afford a lawyer as I'm a pensioner

 

[sammy01]

How much of the mortgage did you pay for?

 

[Deleted member 12925]

I separated from my de facto about 15 years ago. We are tenants in common in a property he still lives at. He agreed to buy my half about 12 months ago but hasn't followed through. What can I do with regards to property settlement?

Hi Dornoc

You are able to make an application to the Family Courts for a property settlement - that is, obtain orders of the sale of the property or to compel your former partner to re-finance the property and pay to you your share of the value.

Normally, the time limit is x2 years after separation for de facto relationships for you to make an application to the Family Courts, however given that you remain listed on the title of the property as tenants in common, you would likely be able to readily make an application out of time for orders to effect a property settlement.

Of course, it is best to try and avoid going to court and if an agreement can be reached, then you are able to get order of the court by consent or enter into a binding financial agreement in accordance with the provisions of the Family Law Act.

I am an Accredited Family Law Specialist and if you would like for me to provide more specific advice I can be contacted on email: Glenn Thexton, Thexton Lawyers - LawTap - Find a Lawyer & Book Online Instantly.