QLD Property Settlement - How Can I Get Money Back from Ex?

[prmeier]

Hi. I have a court ordered property settlement and as part of this, we have to sell the house that is in joint names. My ex has refused to abide by the court orders and has not contributed. I have filed two contravention orders previously and my ex still refuses to abide.

There is a considerable amount I have paid to cover her share of expenses and the property will sell at a loss once sold so I will have to pay all of this to clear the loan or the bank will not release the mortgage.

My issue is how can I get the money she owes me? Can the court order the amount be collected through SPER? She receives a payment from her military fortnightly. Can the court order her access to her super to pay the debt?

I have a significant debt as a result and cannot afford to keep borrowing money to pay amounts that she refuses to pay but with a mortgage of $2800 per month I need to sell the house. Can I refer the debt to SPER for collection?

 

[Sophea]

I'm not overly familiar with how SPER works, but I would think any compensation that you can recover from your ex would have to be awarded by a court order first.

 

[nipandnugget]

Hi. I have a court ordered property settlement and as part of this, we have to sell the house that is in joint names. My ex has refused to abide by the court orders and has not contributed. I have filed two contravention orders previously and my ex still refuses to abide.

There is a considerable amount I have paid to cover her share of expenses and the property will sell at a loss once sold so I will have to pay all of this to clear the loan or the bank will not release the mortgage.

My issue is how can I get the money she owes me? Can the court order the amount be collected through SPER? She receives a payment from her military fortnightly. Can the court order her access to her super to pay the debt?

I have a significant debt as a result and cannot afford to keep borrowing money to pay amounts that she refuses to pay but with a mortgage of $2800 per month I need to sell the house. Can I refer the debt to SPER for collection?

If the consent orders have been signed by the court, then you need to go to the registrar and they will sign appropriate documentation to sell the house... I believe this has to be stated in the orders however that if the person doesn't comply, then the court registrar will sign and allocate a real estate agent via the REIQ board....