VIC Help with a Fair Property Settlement?

[Jimmy303303303]

Hi.

I have recently separated after a 3-year relationship with 8 months of marriage. My ex placed a caveat on my house and instigated mediation. I bought the house 2 years ago and paid all the mortgage, rates and the majority of household expenses. The title is in my name. My ex has an 18-year-old daughter who works and she herself is a nurse and works.

I have a 10-year-old son in NZ so I pay child support. She wants 50 percent, which I think is no way fair. I want a fair propety settlement. I have talked to a lawyer who told me I was screwed and how much it would cost for him to fix it for me. Also, he told me a caveat can't be placed unless your name is on the title or you have contributed to the mortgage (is this true)my house is for sale but can't be sold with a caveat. Finding it hard to get any "real" legal advice. Just trying to not make this another lawyer's picnic...

Thanks

 

[CSFLW]

Hi Jimmy

If what you say is correct, the lawyer is wrong.

In family law matters the person does not need to be on title to put a caveat on the property.

Apart from that, I do not have enough information to provide you anymore advice.

 

[Jimmy303303303]

Hi Jimmy

If what you say is correct, the lawyer is wrong.

In family law matters the person does not need to be on title to put a caveat on the property.

Apart from that, I do not have enough information to provide you anymore advice.

Hi. I appreciate the reply. if there's any chance I could give you more info to get some help, please let me know. It would be greatly appreciated. Thanks

 

[CSFLW]

Sure.

It's hard to get all the info on a thread.

You are welcome to call out after hours number and one of our lawyers will assist you. Joseph Carbone, Lawyer and Partner, Cooper and Sanders Legal - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly.

They will patch me into the call if you say that I asked you to call.

I can speak to you today.

 

[CSFLW]

Sorry, it will be free of charge.

 

[Jimmy303303303]

Sure.

Its hard to get all the info on a thread.

Your are welcome to call out after hours number and one of our lawyers will assist you 1300 529 275.

They will patch me in to the call if you say that I asked you to call.

I can speak to you today.

If possible, can I call you tomorrow morning? Thanks

 

[Rod]

You are going to be in for a legal fight. If the ex has taken the step of placing a caveat you can be fairly confident she has her own legal advice that says she can get 50%, or at least a decent %.

Regardless of whether is it true, what matters is what your ex believes to be true. Suspect you need to lawyer up to protect your interests.

 

[Jimmy303303303]

You are going to be in for a legal fight. If the ex has taken the step of placing a caveat you can be fairly confident she has her own legal advice that says she can get 50%, or at least a decent %.

Regardless of whether is it true, what matters is what your ex believes to be true. Suspect you need to lawyer up to protect your interests.

Thanks for the reply. Court seems likely. I am trying to gauge when to engage a lawyer to cut down cost.it seems a waste of time in mediation as I am pretty sure we will not agree but it would be nice to know if I am better off sucking it up and agreeing to mediation terms or paying huge lawyers fees in court.

 

[Rod]

Why are you thinking you need to attend mediation? Mediation applies to parenting matters, not property. I suspect you will benefit from getting some early advice.

You can go for mediation, but you should understand how the process works before starting it and what rights you have.

If the ex's lawyer has a set % in mind, and the ex is insisting on following her lawyer's advice, then mediation is a waste of time and money. Much depends on whether your ex is a reasonable person as mediation only works when 1) one person concedes because they can't handle the stress or 2) both parties are reasonable and willing to give a little.

I can also arrange for legal advice if you want to speak with a lawyer My email address is on www.vichelp.com.au

 

[Jimmy303303303]

Thanks rod. Will email you today.