My Story...Advice needed....

Hi everyone.

Just thought id throw up a thread with my unique situation and see if im on the right track for a bright future.

Now, before I explain it in detail most people I talk to about it (Friends, Family) say “SELL IT!!!” or “THAT’S NOT FAIR!!!” or “YOUR GETTING SCEWED!!!”.I am here to get opinions off people who are experienced in property and to see if I do have a chance, so here goes.

I’m 27 years old working full time earning 35k per annum + commission(about 7k roughly). 6 years ago I brought into a house with my then Girlfriend. It was not anything I planned, I brought out of emotion when my then girlfriends dad passed away and left his house to his 2 daughters. (One daughter living with him, one daughter not).

My girlfriend is the daughter who lived with him and after such a tragedy, was not in any frame of mind to decide if she wanted to keep the house or not. The other sister was mad keen on selling it and splitting the profit, (good idea now I think about it), but I did not think this was the best thing to do at the time so I offered to buy the other sisters half for half market value. So here I was, 21 and owning half a house, while my girlfriend owned the other half. Living in it like a normal couple for 3 years was a great experience, but as young people grow and make decisions, we grew apart and now im back at home with mum and dad. The dilemma im in is that I can not sell the house without her concent (she doesn’t want to sell) and vice versa. Both of our names are on the title and both our names are on the mortgage also as she helped me finance the loan with her half of the house that she inherited.

What can I do to make this situation work for me?

The mortgage has blown out to $154,000 from the original $90,000 with refinancing and redrawing off the house’s equity to fund my luxuries.(which I now don’t have). The last time the house was evaluated it is worth $210,000 so there is already $56,000 of equity in it now. I have a small personal loan for $7,500 and plan on paying that off ASAP.

At the moment I always seem to have more month at the end of the money, so buying a IP isn’t anything I can see myself doing anytime soon as servicing the loan may be difficult.

Im really not sure what to do. I know what I cant do. I cant sell it.

What are your thoughts?

Opinions and constructive criticism wanted. Im a bog boy, I can take it.

Any and all advice will be greatly appreciated, ask any questions you like also.

Thankyou:):):)

Mick
 
hmm .. since you lived 3 yrs together , how did you split your possesions?
after living that long together , you could/should have asked for 1/2 of the assets that belonged to both of you , including the house! , if she cant pay you the 1/2 of the value of the house it would have to be sold! just like if you were married to her!

incase this didnt/couldnt happen you could charge her rent for using your part of the house! , thats not unheard off!. get a REA to value to house of how much it could rent for and then charge her 1/2!

it sounds like you are just being the nice guy here. dont be! i myself got out of a divorce and was the nice guy because she said "well be friends if you take this 23000$ .. i could have taken $100k if i was prepared for a long legal battle and loosing her as a "friend" , when you split up with someone its not all clear what would be your best interest.

so since you own 1/2 and you lived with her long enough to be considered her defacto husband , go tell her nicely ... if she objects its time to spend your money on a solicitor .. when she sees you mean buisness you might find a peacefull sollution!

best o' luck.

GG the younger one :)
 
hmm .. since you lived 3 yrs together , how did you split your possesions?
after living that long together , you could/should have asked for 1/2 of the assets that belonged to both of you , including the house! , if she cant pay you the 1/2 of the value of the house it would have to be sold! just like if you were married to her!

incase this didnt/couldnt happen you could charge her rent for using your part of the house! , thats not unheard off!. get a REA to value to house of how much it could rent for and then charge her 1/2!

it sounds like you are just being the nice guy here. dont be! i myself got out of a divorce and was the nice guy because she said "well be friends if you take this 23000$ .. i could have taken $100k if i was prepared for a long legal battle and loosing her as a "friend" , when you split up with someone its not all clear what would be your best interest.

so since you own 1/2 and you lived with her long enough to be considered her defacto husband , go tell her nicely ... if she objects its time to spend your money on a solicitor .. when she sees you mean buisness you might find a peacefull sollution!

best o' luck.

GG the younger one :)

I agree and would be talking to a solicitor pronto.
 
Yeah, I think if she is unwilling to sell, and you cannot afford to keep it, then a gentle warning that legal action is the next step would be in order.

Hopefully she will see sense and simply sell before the sharks get involved.

If not, call them in anyway. Ugly, but you've gotta look out for you. She certainly isn't.
 
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If you don't pay your share of the mortgage and rates etc she will be forced into selling. Nobody wants a mortgagee sale so she will have to agree (in time).

Cheers,

Bazza
 
Thanks for the advice everyone.

In regards to the loan, I pay it back but her name is on it also. The only reason her name is on it was so I could borrow enough to pay for half the house. Complicated I know, but when in love (I thought so anyway) you do silly things.

Yeh, ive thought about legal action but I can afford the property and want to use it as a spring board to others...

I am enjoying living at home with the parents and do not have any bills here. I was thinking of using the equity in the house for future purchases of IP.

The big reason why the house wont be sold is because she can not afford to for health reasons. She wouldnt be able to afford to rent on a pension. I know I have every right to take legal action and liquidate the house, but as GordonGekko said, I am a nice guy and that will never change.

Has anyone else been in a similar situation to me?

Thanks for the advice again everyone, keep it coming.

Cheers

Mick
 
Let me know what you think about this idea...

Using the house I already own to use for deposits on further property purchases, im keen on buying property that needs TLC then flicking them off at a profit. I know its much more involved than that, how many of you out there do the same?

I am a big believer in long term investment, but also believe in creating cash flow but capitalising on bargains if found...

Cheers

Mick
 
Hi Mick,

Keep in mind that if the reno house is not your PPOR the capital gains tax is 50% of the profit. Sounds like you will be working for the tax man?

Cheers,

Bazza
 
Hi Mick,

Keep in mind that if the reno house is not your PPOR the capital gains tax is 50% of the profit. Sounds like you will be working for the tax man?

Cheers,

Bazza

Yeh, I had thought about that one Bazza.

If I do one, I can claim that as my PPOR while reno'ing it. If I ever do more than one at a time I can always purchase in someone elses name if possible.

In regards to tax, I say if im paying tax, im making profit somewhere so im happy...

Cheers :):)

Mick
 
At the moment I always seem to have more month at the end of the money, so buying a IP isn’t anything I can see myself doing anytime soon as servicing the loan may be difficult.
......

Using the house I already own to use for deposits on further property purchases, im keen on buying property that needs TLC then flicking them off at a profit. I know its much more involved than that, how many of you out there do the same?

In one post you mention that you cannot afford a loan anytime soon and then want to go into purchasing and flipping for a profit. How do you propose to be able to move from the current state of serviceability issues to the position where you could afford to purchase, renovate, absorb holding costs to renovate and then sell? I don't dismiss the concept, but do you have the skills, contacts and knowledge to undertake the project.

I think its commendable that you are thinking about what to do with your future and your options.


The big reason why the house wont be sold is because she can not afford to for health reasons. She wouldnt be able to afford to rent on a pension. I know I have every right to take legal action and liquidate the house, but as GordonGekko said, I am a nice guy and that will never change.

Let me preface my next comments by saying I have not been in this position and as much as I can from what you have said, I empathise with your position, and here comes the however......she is not your responsibility anymore. That lies with her family, current boyfriend (if relevant), network of friends. You cannot be in both camps on this issue. If you are serious about moving on financially & emotionally, you MUST break those ties. You are not a charitable institution and I believe from the very little that you have written, she has taken advantage of your softly softly approach.

Unless you can agree with this concept, you will continue to come up with half-solutions trying to please everyone, which will put you last. Put yourself first. Be selfish.

I know this sounds harsh but there are no half measures here.

Given the financial constraints you have today and the blocked access to equity/cash given your current scenario, then if you maintain the status quo, how do you propose to progress form here?

What are your parents telling you?
 
Thanks for the reply Buzzlightyear.

My parents? They support me in everything I do really. They allow me to learn from my mistakes and support me when I need it.

Your right when you make the point of me having more month at the end of the money, maybe I just need to make more.

In regards to having contacts and/or skills, I painted houses for a full 6 monthes with a close family friend so that area is covered, another close family friend is a tiler, I have also laboured for a tiler so know whats involved with the basics, I work for Doors Plus at the moment as a full time salesman so doors and door fittings are taken care of, I have been lucky enough to meet a few very experienced carpenters through Doors Plus and they have offered to lend a hand if I need it.

In regards to cutting all ties with the Ex etc, I dont feel she is my responsibility anymore, in saying that though she does not have any family or close friends and I feel it would be morally wrong to sell from under her knowing full and well she has no chance surviving on a disability pension. (on a side note, I pray for the day she finds a new man..Hahaha)

Thanks again for the reply.:):)

Keep em coming.

Cheers

Mick
 
Hi Mick

Just a couple of things to consider, as I did when I broke up with a long term GF in my teens with PPOR and an IP

If you stay financially attached and she meets another partner who moves in and he isnt the nice guy like you he may them claim for half or at least some of the house if they break up. While this may be split proportianally it could effect you.

If she doesnt pay her share of the mortgage then you are still repsonsible, if you default it could come back to bite you in the **** later in life if you want to get into property.

If something bad happens like she crashes an uninsured car and they come after assets (could happen).

A little far fetched maybe, bit the risk was too much for me. Once it is over it is over, split the assets sell the house (or she buys you half) and move on. A new partner for you may not like the idea of you being financially attached/supporting an ex partner.

Sometimes you just have to look after number 1 (yourself)

Good luck with what ever you decide to do

Ian
 
I think there is a problem everyone has overlooked.


I doubt the bank will give you a loan for future investment.

Your ex girlfirend would have to act as guarantor in your next potential loan since you cant mortgage your half of the house only to access the equity.

She cant do that you wrote.

Buzzlightyear made an awful lot of sense. You need to make hard and harsh business decsions some times.
If you continue to help her , you are in fact not helping her face reality.

Have I read the information coreectly.
Also is your ex GF paying any rent to you. If not you will never ever escape your problem
If that place is your PPR..you have 6 years in which to sell from moving out before losing the 50 % CGT benefit

Your ex should think about moving to a cheaper, smaller ,more afforadble property, if she cant service the loan by herself
 
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Thanks for the replies again...

They are making a whole lot of sense...

Who would be the best person to speak to one-on-one about my situation? A solicitor? Bank manager? etc

Thanks for the replies once more...:):)

Cheers

Mick
 
I think there is a problem everyone has overlooked.


I doubt the bank will give you a loan for future investment.

Your ex girlfirend would have to act as guarantor in your next potential loan since you cant mortgage your half of the house only to access the equity.

This is what I was thinking too. She would have to agree and sign any papers in a new loan for you and risk her equity. If she is in a dire situation, I doubt she would do that. That aside you DON"T want to be further tied up with her financially!!

You do need to start thinking of yourself, there are too many possibilities here of future problems. Maybe give her 12 months to come up with a solution for her housing. Or buy her out and then sell, if you want.

You've learned a few lessons here, that can be a good thing.

You're also going to come to the stage you want to move on with a new partner (hopefully permanently)... this is again going to cause you problems having your past still present.

Much to think about.
Talk to a solicitor first and find out how you stand legally. Probaby cost $150/200 most, if that. Then decide on your options.
 
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