NSW Property Settlement After More Than 2 Years?

[Xspurt]

Hi team,

I'm hoping to find some help in regards to a property that was purchased by myself and now ex-fiance.

We purchased the house approximately 8 years ago, with my parents putting up their property as guarantor, and separated almost 5 years ago. I moved back to my parents and she continued to live there with our daughter and her new partner.

I was able to get 50/50 custody of children for our daughter, but had to wait until after the birth of her second child (not mine) before I was able to start trying to organise the property settlement. She has been able to cover all loan repayments, until just recently, without any financial help from me, until recently, and now I am concerned that my parents' property is at risk of being sold due to the loan repayments not being covered.

I have spoken to a couple of solicitors and it always seems to be too hard now that it has been more than two years since we separated. Is there any way I am able to force the sale of the property or whatever is necessary to clear myself and my parents from the loan?

Thank you for your time.

 

[Rod]

Whose name is on the title to the house bought by you and the ex?

 

[Xspurt]

Whose name is on the title to the house bought by you and the ex?

The house title is still under mine and the ex's names. My parent's put their property up as we weren't able to save enough for a deposit.

 

[Rod]

Then you can seek leave of the federal circuit court to settle a de facto property matter. Would have been much much harder if the title was solely in her name.

If the solicitors you spoke with don't do family law on a regular basis I can understand their answer, but if they do family law regularly I am surprised they said what they did, unless you said you have no money to pay them then their interest drops based on the complexity of the matter.

So you need permission to apply to court, then if granted you make an application.

 

[Xspurt]

Then you can seek leave of the federal circuit court to settle a de facto property matter. Would have been much much harder if the title was solely in her name.

If the solicitors you spoke with don't do family law on a regular basis I can understand their answer, but if they do family law regularly I am surprised they said what they did, unless you said you have no money to pay them then their interest drops based on the complexity of the matter.

So you need permission to apply to court, then if granted you make an application.

Yeah, unfortunately I was and still am unable to afford to pay solicitor's fees.

Thank you very much for your time and advice, I shall see what I can do.

 

[sammy01]

ok so you can still affort a letter from a solicitor....

OR - if you're on good terms with her, then a nice chat... Look the way things are ATM is a mess for all concerned... So let me give you HER concern... She spends the next 20 yrs paying off the house. She then decides she wants to sell it. She needs your permission... OR when it comes time for it to sell, there is a dispute about what % you own.. In some respects you own half... But you have not been paying half.. so in some respects you don't.


So for 5 yrs she has been paying the lot? So it should be pretty easy for her to refinance the thing into her name. That can be done reasonably easily IF you guys can agree about $$$ Do you think she owes you any $$$ My thinking is, if you have not been paying, just getting the thing into her name and walking away might be the best thing...