QLD Property Valuation - Share Cost?

[Complex16]

Hi all,

Just wondering what to do in light of what would be considered fair and reasonable for the property aspect of my matter.

My ex purchased a property with lump sum settlement funds from an injury that occurred when we were together. My lawyer has requested a valuation of the property and indicated I would share in the cost 50/50. Ex refuses, says I can pay the full cost if I want a valuation.

To date I have provided 3 x lots of disclosure documents in relation to property and he has provided 1 over 12 months ago and refuses to provide any more despite repeated requests from my lawyer and FCC orders.

The matter is set for trial callover shortly and my lawyer is seeking my instruction on what I want to do, pay the full cost of the valuation or ask the judge to order that we pay 50/50 (which of course isn't guaranteed). Any thoughts? Just pay the full cost so it can proceed or roll the dice?

TIA.

 

[SamanthaJay]

I'm wondering if 50/50 is reasonable and generally agreed to. I would have thought so. Sounds like the judge won't be happy with your ex not following orders either.

 

[Complex16]

Thanks for your reply SamanthaJay - still not sure how to play it though unfortunately.

Trial callover judge is different to usual judge so not sure how they will see things. But the only current impediment to proceeding to trial is the lack of disclosure...

 

[AllForHer]

Your ex bought the property using a compensation payout from an injury?

Were you together when he received the payout? Were you together when he purchased the property?

 

[AllForHer]

My view is that he may have grounds here to have the house quarantined from being included in the property settlement since it was paid for from a compensation payout for personal injury, so why would he pay for a valuation if he's seeking to have it excluded all together?

If you want to argue for it being included, you should pay for the valuation.

 

[Complex16]

Your ex bought the property using a compensation payout from an injury?

Were you together when he received the payout? Were you together when he purchased the property?

Yes he received a settlement for an injury that occurred when we were together. He received the settlement post separation and also purchased the house post separation. We had previously put consent orders to the court for each party to just walk away with what they had (his payout, my super), however the Judge said this wasn't fair and commented that he should not get to walk away with significant cash and with me being left with my super that I cannot access for a few decades. The Judge then ordered further disclosure which is where we are at now.

 

[AllForHer]

Well, the judge is right - it's not fair that he gets a bunch of cash and you just keep your super, but I would guess that the judge was reviewing the consent orders in chambers without the capacity to test the evidence in affidavit material before him. At face value, it looks like your ex is getting everything and you're getting nothing, but the Court's view might change if your ex successfully argues that his compensation payout and all subsequent assets purchased with that payout should be quarantined from the property pool.

But we won't speculate about that because it really could go either way with compensation payouts - it would be considered his financial contribution, but factors like how much you assisted after he sustained the injury would be taken into account, etc. - but that also wasn't your question. Should you just pay for it? I'm inclined to think that may be the more productive option.

If the ex isn't agreeable to paying half the cost of the valuation, you would have to get the Court to order him to do so, which is going to cost you more money in legal fees, potentially more than what it would cost you to pay his half of the valuation. Then, what if he still refuses to pay? You'd have to file for an enforcement order - more money spent on legal fees again. All of this will also slow the process down substantially - the callover would potentially determine that you're not ready for trial, which adds another six to 12 months to the proceedings.

You could seek an order for costs against him, I suppose, if he's not providing disclosure as directed by the Court, though, so that may make up some of your losses (potentially).

 

[Rod]

Compo for injury is a tricky area and you need to look at the breakdown of the payout as it often consists of different components. If a significant portion is for your ex's future needs then there is a strong argument that portion is solely his money.

There are too many unknowns to comment whether 50/50 is fair, especially when a significant asset is the compensation received post separation.

 

[Bstef99]

I had similar situation. Ex refused to pay half for valuations of joint properties prior to final hearing. I paid full amount of valuations so Judge would have all the relevant info at hand and so i wasnt seen to be delaying proceedings. The fact that I paid full amount was stated in my final property orders sought i.e. to have half of valuation paid added to my final settlement received.

Don't know what kind of value of property you're talking here, or how many properties need valuing - just the one? Half the cost of a sworn valuation is what? About $500? Not much in the scheme of things given if you're at final hearing stage I'm sure you've spent thousands already! I know, it's not fair. I had multiple valuations that I forked out for...Better to do what Judge has requested and try to ignore the ex being difficult, possibly just for the sake of being difficult...

Just get it outlined in your orders sought that you want to be re-imbursed. Not guaranteed you'll get it though esp if the Judge decides not to include ex's property in the pool. No one really wins in the end...but good that Judge acknowledged what you both had agreed on previously wasn't fair/equitable.

 

[Complex16]

Well, the judge is right - it's not fair that he gets a bunch of cash and you just keep your super, but I would guess that the judge was reviewing the consent orders in chambers without the capacity to test the evidence in affidavit material before him. At face value, it looks like your ex is getting everything and you're getting nothing, but the Court's view might change if your ex successfully argues that his compensation payout and all subsequent assets purchased with that payout should be quarantined from the property pool.

But we won't speculate about that because it really could go either way with compensation payouts - it would be considered his financial contribution, but factors like how much you assisted after he sustained the injury would be taken into account, etc. - but that also wasn't your question. Should you just pay for it? I'm inclined to think that may be the more productive option.

If the ex isn't agreeable to paying half the cost of the valuation, you would have to get the Court to order him to do so, which is going to cost you more money in legal fees, potentially more than what it would cost you to pay his half of the valuation. Then, what if he still refuses to pay? You'd have to file for an enforcement order - more money spent on legal fees again. All of this will also slow the process down substantially - the callover would potentially determine that you're not ready for trial, which adds another six to 12 months to the proceedings.

You could seek an order for costs against him, I suppose, if he's not providing disclosure as directed by the Court, though, so that may make up some of your losses (potentially).

Thanks for your reply. The judge considered the consent orders in court and told the parties to go away and research a particular case (can't recall the name of it) where the husband won lotto after they had divorced and the wife was awarded some of it...Essentially his contribution to the property pool is the payout so will be interesting to see how it all goes.