Tricky legal situation - where to get help?

[beachgurl]

I know someone who bought a property with compo proceeds some years ago. After that she met a guy, got married and they bought an IP using the equity in her home. They split, he wants to run her into the ground so he stops making his share of loan repayments. Bank forces them to sell IP, now she is in negative equity on the once unemcumbered home. Ex husband is now forcing her to sell her home so he is released from the loan. He's stopped paying his share of the loan to force her to sell or give it to the bank.

Is this just a really sad situation that can't be remedied or can she get some legal help to get out of this mess? Would legal aid help or would this be deemed part of a divorce settlement and therefore not able to receive specific advice on this through a pro bono service?

I'm not normally one to get involved in something like this but after so bravely surviving a terrible accident years ago I feel so sad for her that her ex has now contributed to losing all her assets where she should've had a mortgage free existence.

 

[thatbum]

She needs family law property advice, which is the bread and butter work for most private family lawyers. Unfortunately, it can be hard to get free/low-cost family law property advice because most of these services focus on family violence and children's matters.

Its probably worth calling around community legal centres to see if any of them do give short advice on famlaw property matters though - they do where I work for instance.

Also for now, she needs to do some basic preparation in outlining her financial situation, as well as his. (Figuring out the marriage asset pool)

Overall though, it seems like a very standard family law property dispute though - are you saying it isn't?

 

[D.T.]

Overall though, it seems like a very standard family law property dispute though - are you saying it isn't?

At the end of the day, it sounds very standard. Just very sad due to losing compensation for accident.

beachgurl - does your friend still have special needs following her accident?

 

[beachgurl]

Yeah I guess it is standard but I feel sad for her that someone has effectively blown her life security.

I haven't seen her in person for a while but I know she has a mild intellectual impairment and is unable to work standard hours.

 

[Terry_w]

I know someone who bought a property with compo proceeds some years ago. After that she met a guy, got married and they bought an IP using the equity in her home. They split, he wants to run her into the ground so he stops making his share of loan repayments. Bank forces them to sell IP, now she is in negative equity on the once unemcumbered home. Ex husband is now forcing her to sell her home so he is released from the loan. He's stopped paying his share of the loan to force her to sell or give it to the bank.

Is this just a really sad situation that can't be remedied or can she get some legal help to get out of this mess? Would legal aid help or would this be deemed part of a divorce settlement and therefore not able to receive specific advice on this through a pro bono service?

I'm not normally one to get involved in something like this but after so bravely surviving a terrible accident years ago I feel so sad for her that her ex has now contributed to losing all her assets where she should've had a mortgage free existence.

The dangers of cross collateralisation. Not much she can do as she willingly entered into the contract and pledged her property as security.
Possible to do a few things perhaps. Send me an email and I can send you some slides from a legal presentation I went to last week by a barrister on the topic of banks taking possession.