SA Ex's Right to Property Settlement After 3 Years of Separation?

[nicol]

My ex and I split (de facto, never married) after almost 15 years together, in September 2013. The house was purchased together (from my parents) in November 2005 in joint names (mortgage). He left the family home in November 2013.

We have a 7-year-old son that is in my care a majority of the time (approx. 95% - I have kept a log since May 2015) who has some special needs that I have taken full responsibility for (both emotionally and financially) numerous medical and therapy appointments and assessments. Despite having a private collect child support assessment, I receive no child support and am reluctant to change to child support collect given the conflict and hostility that it will induce from my ex.

Our son refuses to sleep over at his Dad’s house (he lives with his new fiancé and her daughter since approx. Jan 2015) and will only visit for a few hours at a time every other weekend.

He ceased contributing any money towards the mortgage in November 2013 and then a few months later completely ceased contributing towards any of the shared/joint debt that was accrued whilst we were together or any of our sons costs. Unfortunately, I had no choice but to enter into a part IX debt agreement in 2015 as I could not keep up the shared/joint debt and mortgage payments. I have been paying the mortgage solely on my own for over 3 years now and am now preparing the house for sale in the next few months.

I would like to know what rights he would have towards the equity as it is unfair for him to receive 50% when he has not contributed anything for over 3 years. I am putting money into the house to ensure it is in good shape for sale (approx. $8,000) and he pays no child support whilst I support our son fully by ensuring he has a home and his needs and costs are met at all times. He has threatened in the past to force the sale of the house. I’m not sure what to do and just need some help.

Thanks

 

[Shapely]

Hi there,

Just my opinion, but you could be in a bit of trouble here.

If you must have him sign the house over for a sale, he will know it's sold and likely to want money from it. Whilst it might be unfair, it won't be the law.

If he refuses to sign the house over for sale without some agreement from you, this is where you will be in a fair bit of strife. Ultimately to drag him through court will cost you thousands (either to force a sale or allocate a share of the money).

You have a lot in your favour (care of child, no child support, proof of paid bills and debts) so it's likely he wouldn't get a big share, but to get to that point will cost. A lot.

What I think you are best to do is make some sort of deal with him now and secure him signing the house over. Calculate up all he owes you in child support, bills, debts and house improvements, and make sure you know that figure to bargain with.

He can ultimately refuse to sign the sale deed and you will need to go to court unfortunately. Better to offer him some $ now than pay it to the lawyer fighting it. It's cost me 12k so far and I've been quoted another 30k to go right through trial. Also this takes years, it's been going on 18mo now.