This is the situation, my partner owns a property in his name, mortgage and rates all in his name only, he moved out early last year and let his ex stay in the house with the children, he continued to pay full mortgage for first 6 months as well as rent. Then she agreed she would take over all payments and get a mortgage in her name to buy him out, never happened and now we have received two letters of demand from council and bank she is over $5000 in arrears, she will not leave the house nor will she let an agent into the house to list it for sale. The property has to be sold or it will be foreclosed on. We have tried to talk calmly with her about it in the hopes she would agree to move out and help get it ready to sell so that both parties can come out with money at the end. Offered her 60% share as well even though she has been practically living there rent free for a year and a half. Sent her a letter of offer no response, have been to mediation twice in the past first time she didn't show up and second time she refused to agree to anything both times got a certificate to use in court. My partners credit rating has dropped significantly, court will take at least 12 weeks to be heard, can't get into mediation again for at least 3 months unless we pay which we are not in a position to do and we know she won't bother showing up anyway. She hasn't paid last years or this years school fees for the children (public school) we paid over half, we brought school uniforms, school shoes, school bags and stationary, we paid over half of sports fees and all school sports fees, she pays for nothing she hasn't brought any of the kids any clothing for over a year they keep taking our clothes to their mother's house because they don't have any. She never takes the kids to school on time I have a letter from one of the teachers regarding being late every day that he is in his mother's care and that he is tired and his behavior is out of control on those days as well yet he has great days when in our care. She put two kids in IPAD classes but didn't provide ipads so we had to purchase them as they couldn't learn without them. We then purchased two ipads for the older children who required them as well. We pay nearly $400 in child support a week to feed her drug habbit, i seem to hit brick walls every where I turn. If it wasn't for us the children would have nothing, The mortgage payments are only $290 a week our rent for a smaller house is $495 if she cant afford the mortgage where are they going to end up. It is a very stressful situation, the judge in the parenting case gave her everything she wanted. She didn't complete a court ordered drug test and got away with it, she threatens violence on myself and children we have a dvo on her and she continually breaches it, her latest messages were blackmail wanting the whole house or was going to dob my partner in for tax fraud, she is a qualified accountant and completed his tax returns for 7 years herself. We have been to the police station several times in past couple of months, currently she is being investigated for DV breach and extortion. We just want the house sold so we can move on with out lives.
QLD Financial settlement help
- Thread starter Snapchat07
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Firstly, has your partner notified the bank, who the mortgage is with, that the relationship has broken down and that they are currently negotiating a financial settlement? Every bank has a hardship section to deal with situations such as these.
Yes I have so far got a one month stay on the rates and sent in all the required information to the bank for hopefully a 3 month grace just waiting to hear back. Further to this the realestate has just visited with a form 9 door was wide open her phone was sitting outside, the floor was flooding she has pulled part of the wall off and a light is hanging down by the door he said he yelled out she was obviously home but wouldn't come to door he believes she is wreaking the house right now.
Evict her. Hire and take some security people with you. Take plenty of photos. Let her take him to court later. Hopefully you still have insurance on the house.
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