QLD Family Court - Where to Have Ex's Rights to Home Removed?

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JonB

Active Member
25 July 2016
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0
31
I am making an Application for Final Orders to the Family Court to have the Life Interest of my former spouse in the former matrimonial home cancelled of extinguished. My former spouse has left the house and left the country to live in her inherited house in the US. All children have grown up and left the former matrimonial home. I can no longer afford to keep up the mortgage, income declining.

I have an affidavit completed and an Application Form completed.

Q. Where do I make the argument for the merits of the case?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Have you spoken to your former spouse about this matter? What is her position?
 

Matthew Lynch

Lawyer
LawConnect (LawTap) Verified
18 July 2016
105
9
414
Sydney
lawtap.com
Submissions deal with the merits of the case, the application of the law to the facts in your case. Your affidavit provides facts for which submissions can be made about at a later date. Submissions about the merits of the case are made at a later date after filing your application and closer to the date of final hearing.
 

JonB

Active Member
25 July 2016
5
0
31
Have you spoken to your former spouse about this matter? What is her position?
Yes, I wrote to her and she replied strongly in the negative. Then she engaged a law firm who wrote to me say she opposed matter.