QLD Law on Property Settlement After Separation?

[Jethro Tambo]

Hi there

This may have been asked before. My wife and I have separated, I have left the marital home. No children from the marriage. Financially I cannot pay the mortgage and a rent (currently "couch surfing"). We both want and need to move on. The house/mortgage is in joint names.

My (ex)wife is refusing to talk to me, so there is little communication (she has chosen not to employ a solicitor). She does not have the income to pay the mortgage. I have sent emails suggesting we sell the house, we agree a value and I will buy her out or any other reasonable option she chooses. She has not responded.

I have contacted the lender and soon will have to stop the mortgage payments so I can move on. There is some equity in the house that we could share.

I believe under QLD Law I can force the property to be sold .. but I cannot find anything on it? Would I have to go though the family court to get a property settlement order? If so how long would this take? Or are there other ways?

What are the options? Any help appreciated.

Thanks in advance.

 

[sammy01]

How much equity?

 

[Jethro Tambo]

Hi Sammy - at least 40k.

 

[Hayder Shkara]

Why do you keep making payments if you don't live there?

Sounds like there are two options:

1. Stop making payments - then the bank will repossess and sell the house. Everyone loses in this situation.

2. Get your wife to agree to sell the property - sell the property, pay off your mortgage and split the rest.

 

[Jethro Tambo]

1. Stop making payments - then the bank will repossess and sell the house. Everyone loses in this situation.

2. Get your wife to agree to sell the property - sell the property, pay off your mortgage and split the rest.

Neat - that's the problem - by refusing to talk at all she's making it very difficult to move forward. She is blocking all options by inaction ... hence the question about the way to force the sale.

Regards

 

[Hayder Shkara]

Tough situation. Yes you could apply to the court to appoint a trustee to the sell the property - however she could then fight it, you would probably both lose a lot of money in legal fees. With little equity in the property, it's probably not worth going through the trouble.

 

[sammy01]

So get your solicitor to write to her - because you can't because of the AVO...

The letter should state that you will continue paying the mortgage for say 2 months and then you will stop. However, if she agrees, then the house can go on the market and she can pick up a lazy $15 000 for her efforts.

Or it can go to the bank and she will get nothing. You could also ask her to move out and you pay her say $20 000 upon leaving the property and leaving all possessions except for her personal items...

Mate, get that done first and see if you get a response.

 

[Jethro Tambo]

So get your solicitor to write to her - because you can't because of the AVO...
The letter should state that you will continue paying the mortgage for say 2 months and then you will stop.... However, if she agrees then the house can go on the market and she can pick up a lazy $15 000 for her efforts. OR it can go to the bank and she will get nothing. You could also ask her to move out and you pay her say $20 000 upon leaving the property and leaving all posessesions except for her personal items...
mate get that done first and see if you get a response.

Now that is an idea Sammy - worth a try. She will probably ignore it ... but worth a try!