Joined: 04/November/2009
Location: Australia
Posts: 2
QuoteReplyTopic: Defacto property settlement Posted: 05/November/2009 at 11:27
De-Facto property settlement.We have been separated for 3 years now and I have been told settlement should have taken place before two yearsI did try to settle this in May 2007 I had finance and made him an offer which he refused He was then sent to jail for breaking my AVO against him he has not paid a cent towards mortgage in all this time. Since he was in jail I just let it go but now he is out again.I have been told he is living on the streets I have no idea where he is or how to contact him.
I have decided to try and get his name off the deed even if it means I loose the house my finances are limited I have tried to get advise from local solicitors but to no avail they tell me they will look into it as they do not know what to do and then they do not get back to me.
If you are living in the place and he is not able to be contacted, there is nothing stopping you going ahead with the property settlement. You apply to the court with details of your offer, eg you pay him $x and he transfers the property to you. You will need to apply for special leave as it is past the time limit, but under the circumstance you should get that.
Once you get the order, you then apply to the titles office to have your name on the deed, and pay him the money when he fronts up, perhaps you may need to pay the money into a trust account. A solicitor will advise you of the fine detail.
I am NOT a lawyer. Anything said is NOT legal advice.
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