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phatbeat

Any Lawyers in the house?

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Hi All,

 

I'm coming here for some advice, I will contact a lawyer about this but i was hoping someone may be able to shed some light on my situation.

 

I have co-ownership of a home (50/50) with my ex partner. I currently reside in the house and have done so since she left me last Feb(2012). She stayed on in the home (separate rooms) till approx early April 2012. I am in WA.

 

I have been paying 100% of the loan repayments, rates, insurance and maintenance costs for the home. The loan we have is currently locked in to a fixed term interest rate till the end of this year(2013), so we were going to wait till then to sort out the property to save on exit fee's. I am hoping to buy her out at that stage.

 

She is under the impression that she has no obligation to pay me back any of the mortgage payments as she considers me paying it is "rent" for her. I never agreed to this and was wondering if this is true?

 

I wanted to deduct the money she has not contributed to the home off the final value if i decide to buy her out.

 

Any help would be great, I was hoping to end this sooner than Dec this year just to get her out of my financial life! I feel like i need to tip toe around her and be "nice" until it is all sorted and have had enough of it. I feel like i can't move on with my life till this has been resolved.

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Married, De-facto, evidence of seperation last Feb? When you say 50/50 what where the terms of this? ie: equal contrbution to repayments or simply equal ownership? Is this contract have anything to do with you as a couple, a clause where if the relationship breaks down you equally make repayment etc..

 

Do you have all your receipts. Can show how much you have contributed over the past year since seperation?

 

Lots of questions, Children?

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Married, De-facto, evidence of seperation last Feb? When you say 50/50 what where the terms of this? ie: equal contrbution to repayments or simply equal ownership? Is this contract have anything to do with you as a couple, a clause where if the relationship breaks down you equally make repayment etc..

 

Do you have all your receipts. Can show how much you have contributed over the past year since seperation?

 

Lots of questions, Children?

 

De-facto, i guess there is evidence of seperation as she applied to Centrelink for rent assistance?(not sure if this is enough). The terms of the loan was equal ownership and there were no clause's in regards to a break up.

 

I have all evidence of payments (online bank statements), so can prove all payments.

 

Yes one child, I have 42% care(3 nights a week) and pay her child support.

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Your half of the mortgage + half whatever market rent would bring could be considered a fair enough figure for you to be paying.

Use that to guage for yourself any discrepancy over what you think vs what she thinks the financial contributions should be.

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Your half of the mortgage + half whatever market rent would bring could be considered a fair enough figure for you to be paying.

Use that to guage for yourself any discrepancy over what you think vs what she thinks the financial contributions should be.

 

Ahh ok that makes sense, not exactly what i wanted to hear but thanks! (The mortgage payments are less than the possible rent intake)

Edited by phatbeat

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The majority of the outcome is governed by the legal documentation and agreements that all parties have signed or adhered too.

 

Are all of your claims of contributing moneys on either parties documented as here say is invalid.

 

Collect all of the paperwork you can find before contacting any lawyers, saves a little time and money.

 

If there are children involved it becomes complicated, as long as you always do the right thing.

 

One really important rule, as much as it pains you to go through all of the hell that you are about to receive until death do you part, NEVER EVER swear from now on in front of her or the lawyers. This my friend goes a long long way in the battle of strength, the moment you swear in front of anyone involved, you have lost control and all will lose focus on the true issues become lost as they will now circle you like sharks and attack. Play it Dr Spock c0ol, not callous but c0ol headed.

 

Good luck mate.

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Wait, you're paying 100% of the mortgage, and she thinks that's rent for her? As in, you pay 100% of the mortgage = paying her rent?

 

How the fuck does that work out?

Is her name on the mortgage?

She can't just walk away from this and expect you to pay all of it. There's no rental agreement. The only agreement I can see is a mortgage and if it has her name on it she's obliged to make good on her side of the bargain. If she's walked out, or you've kicked her out, she still has to pay for the mortgage. I really hope it's not just your name on that shit.

 

 

Go and find yourself a family law solicitor. A standard lawyer will not suffice.

Also make sure that this family law solicitor is an accredited specialist. Accept no one who is not. The list for WA can be found here.

 

http://www.flpawa.com.au/mod/resource/view.php?id=69

 

Get one asap and tell them everything, don't keep any information from them and just take it from there.

Good luck dude.

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The majority of the outcome is governed by the legal documentation and agreements that all parties have signed or adhered too.

 

Are all of your claims of contributing moneys on either parties documented as here say is invalid.

 

Collect all of the paperwork you can find before contacting any lawyers, saves a little time and money.

 

If there are children involved it becomes complicated, as long as you always do the right thing.

 

One really important rule, as much as it pains you to go through all of the hell that you are about to receive until death do you part, NEVER EVER swear from now on in front of her or the lawyers. This my friend goes a long long way in the battle of strength, the moment you swear in front of anyone involved, you have lost control and all will lose focus on the true issues become lost as they will now circle you like sharks and attack. Play it Dr Spock c0ol, not callous but c0ol headed.

 

Good luck mate.

 

Girlfriend is a lawyer she read this post and pretty much said this is the right idea. Keep all documentation and date everything that you do. Go find yourself a lawyer.

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I think all we can do is wish you well and hope for an equitable outcome.

 

Good luck. Do the best you can, but most importantly, no matter what happens, don't let it sour you! Even if judged against you and you get $0, build a bridge and go over and be a better man for it. It'd suck, no doubt. You don't want it, but no point become a bitter twit about it.

 

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Wait, you're paying 100% of the mortgage, and she thinks that's rent for her? As in, you pay 100% of the mortgage = paying her rent?

 

How the fuck does that work out?

Is her name on the mortgage?

She can't just walk away from this and expect you to pay all of it. There's no rental agreement. The only agreement I can see is a mortgage and if it has her name on it she's obliged to make good on her side of the bargain. If she's walked out, or you've kicked her out, she still has to pay for the mortgage. I really hope it's not just your name on that shit.

I ain't no expert, but isn't there an element of "in a defacto relationship your assets and debts are pooled"?

 

Rob.

Edited by robzy

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Defacto for 1 yr IIRC. I had to go through small claims court for something similar.

 

I kept my receipts. (VERY smart move). I paid off the phone, electricity and anything else that was in my name in total. (No help from the cow.). I then closed the accounts when it was 0. I gave her a fortnights warning.

 

I paid for half the rent for the duration of the lease because my name was on it. I kept all the receipts.

 

She paid NOTHING!

 

So, when rent was due, got taken to small claims court. She was there. I was there. Land owner was there.

 

I handed over the receipts. I proved I had paid half the rent even though I wasn't living there (for duration of lease). I also proved I paid of the totality of phone and electricity.

 

 

The 'cow' tried to grab money out with the "But I had to pay for repairs and carpet cleaning". I offered to go halves on that if she would go halves on the phone bill and electricity (I would come out about $300 ahead) OR she could call it quits and walk away with those bills she had. She cut her losses (Smart move for her). For me it was a price I was willing to pay to move on.

 

I was in small claims court for half an hour. They (mediators) thanked me. The landlady shook my hand and thanked me and commended my resilience.

 

That was my experience. No advice given. Just my experience.

 

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Edited by AccessDenied

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I feel like i need to tip toe around her and be "nice" until it is all sorted and have had enough of it. I feel like i can't move on with my life till this has been resolved.

I like your instincts. Just try to stay calmly focused on your end goal, your offspring will thankyou for it.

 

Might help to take up some breathing meditation / exercises, as a form of release from the stresses this financial

mishmash is likely to cause you.

I'm quite serious 'bout this.

 

I've not been through this particular hassle so can offer no insights financially or legally.

I just know that if you keep healthy you'll survive all the shitty stuff better.

Don't get lazy with looking after yourself. Dealing with lawyers requires a healthy brain ;)

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Contact Legal Aid in your state for advice. If they can't help you (example she has already contacted them which precludes you from seeking help, conflict of interest) they should be able to refer you to free or minimal cost legal help to get you started. Citizens Advice Bureau may also help.

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Your half of the mortgage + half whatever market rent would bring could be considered a fair enough figure for you to be paying.

Use that to guage for yourself any discrepancy over what you think vs what she thinks the financial contributions should be.

Nail on the head. This would be the fair way to do it.

 

Of course, depending on how much animosity there is and how many lawyers are brought in, fair hardly comes into it, unfortunately.

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I feel like i need to tip toe around her and be "nice" until it is all sorted and have had enough of it. I feel like i can't move on with my life till this has been resolved.

 

Might help to take up some breathing meditation / exercises, as a form of release from the stresses this financial

mishmash is likely to cause you.

I'm quite serious 'bout this.

 

 

 

I have been doing this, thanks for the advice. Joined a gym and it has been very helpful.

 

Thank you all for the great comments and support! This is why i love this place.

 

 

I gave her a offer, we had a bit of back and forth and have come to a very amicable agreement (I end up being better off after it's all said and done)

 

I made sure she sent me an email agreeing to the terms for legal reasons.

 

Does this sound about right? Would an email from her be sufficient or should i get her to sign a document?

Edited by phatbeat

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I'm not a lawyer, but I can say to a factual certainty that making someone pay 100% of the mortgage repayments for a property you are a 50/50 stakeholder in is cunty.

 

 

'

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I gave her a offer, we had a bit of back and forth and have come to a very amicable agreement (I end up being better off after it's all said and done)

 

I made sure she sent me an email agreeing to the terms for legal reasons.

 

Does this sound about right? Would an email from her be sufficient or should i get her to sign a document?

IANAL... but it seems that in this age of the nets and email and no more paper and shit ...

 

I reckon you'd be best advised to have a written document all signed and witnessed and dated ... and in triplicate if you

feel at all concerned.

Which I think you do feel otherwise you wouldn't have put the question ' on the table '.

 

/ glad it's going amicably for you :)

 

The tricky bit may be keeping it all nice and amicable if she thinks you don't trust her word ...

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