QLD Trouble Paying House's Mortgage - What to Do?

[WorriedBloke]

Hi there, new to these forums.

A few years ago, my parents called it quits. Dad moved out, and for a little while, he helped pay for the mortgage. He then moved to Thailand and hasn't paid a cent. The house in question costs a lot to maintain and needs many things to be fixed. We're only just scraping by. His name is on the deed, but he hasn't been in contact for over a year.

What is the best way to go about getting out of this house under Property Law? There's still a lot to be paid on the mortgage and as I said, the house needs tens of thousands of dollars worth of repairs.

Some help would be extremely welcome. This problem is pretty much crushing us emotionally and mentally.

Cheers.

 

[Sophea]

I am assuming that your mum and dad's names are on the property title and that they are registered as joint tenants.

Did your parents do any sort of arranged property division after they split? If you want to sell the house, you will need to have his signature on the transfer forms and technically he would be entitled to half of the property value and your mum would be entitled to half, unless she can negotiate a higher share with him on account of the extra payments that she has made toward it.

Otherwise you would need to go to court to convince a court that your mum has a greater equitable interest in the house than your dad. If its within a certain period of time after the separation or divorce the family court can hear this type of dispute.