Ex partner won't pay mortgage or sign over control of property help

Discussion in 'Legal Issues' started by mr_milkman, 5th Apr, 2015.

  1. mr_milkman

    mr_milkman Member

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    A friend of mine broke up with her de-facto partner, they have a PPOR he's stopped paying for the mortgage and moved out a few months back.

    She has it documented I think that she put in a larger share of the deposit and she covered most of the expenses.

    She's offered to pay him out, a more than fair sum but he keeps refusing to sign and accept the money, but wont state what he wants either.

    Is there anyway she can gain full control of the property considering he's abandoned his responsibilities relating to it?

    Or are there any other options she may have?

    Thanks
     
  2. j_p

    j_p Member

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    Your friend needs to seek professional legal advice.
     
  3. Terry_w

    Terry_w Member

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    Yes, she would need to apply to the Supreme Court to appoint a trustee to take over and sell the property. Would probably cost around $20k to $30k.

    Another option is for your friend to stop paying and to allow the mortgagee to take possession of the property - not good for the credit rating.

    There are also fmaily law act options available.
     
  4. mr_milkman

    mr_milkman Member

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    Thanks for the responses.

    She has sort legal advice and was trying to pay him off. He's being difficult and avoiding her, but not actually saying what he wants.

    She want's to keep the house.
     
  5. RPI

    RPI Member

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    You can also get a court order to sever the tenancy and sell the property. If he won't sign the paperwork the court will order him to sign or sign on his behalf
     
  6. Scott No Mates

    Scott No Mates ...and people wonder why?

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    How does that help if one party wants to keep the property?
     
  7. balwoges

    balwoges Member

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  8. lizzie

    lizzie when i grow up ...

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    Is the property in joint names?
     
  9. RPI

    RPI Member

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    They are jointly liable for the mortgage. They don't get to keep the property if the bank repossess either, this way it is less expensive and protects the credit rating
     
  10. Tigger

    Tigger Member

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    This is a family law matter. A family law solicitor can help but for basic advice she should check out Aussielegal forums.

    Things that matter - married or de facto? how long together? how long separated? children or not?
    equity position on the property (how much they owe vs how much the prop is worth),
    their respective incomes etc.

    Things that don't matter - whose name is on the docs, and if they have been together for a long while or have kids, who brought what in.