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Hello all…I just seek a little bit of help…Again!
It seems that our proposed BFA has reached a stalemate. This is due to that in the proposal she is getting the house (about $20,000 equity), keeping her superannuation (E$25,000) and retaining E$11,000 of martial property. By contrast, she wants me to retain my super ($22,000) and $4300 worth of property.
In addition, she wants me to pay half of the credit card debts in her name ($10,000)!! My issue is: If she expects the debt to be split 50% each, then shouldn't the BFA reflect that other property (assets) are also split 50% each also?
Would a court consider that if I am 50% responsible for the debt then I am also entitled to 50% of the assets?
There are no kids involved and the house is in joint names. She has been paying the mortgage since I moved out, this amount been equal to what I pay in rent. She keeps insisting that this gives her more right to the equity in the house, but I have been told that the court would consider that these mortgage payments are similar to rent, because I pay rent due to not been able to live in my own property.
My questions is: Does this all seem fair and equitable?
Cheers
Holden
There is no guarantee how the property settlement will turn out in court, as you know there are many hidden facets to financial situations which could come to the fore in court or cause one party to gain more of a share than the other.

If it is still in negotiating stages you need to decide where your lines are drawn and work to them. If you are happy with everything but the credit card payment then be honest with her to the point state   you do not believe her debt is your responsibility and you refuse to accept this, but if it is pursued then you will need to consider the house being sold and remaining property divided equally. Super isn't going to make a big difference.

You simply have to decide what your happy with and what you will negotiate to.

When there are no kids involved and both parties have contributed equally one would expect 50/50 split. You could go to a complex formula of accounting and work out what rent would be due from the property divide it by two and claim this as what your share of rent would be then deduct this from 50% mortgage payment after this if there is a gap admit to this being your responsibility as a debt if there is a surplus claim it as money owed to you. Present the evidence as rent entitlement for the property being used to pay your half of the mortgage.

By the sounds of things we are only talking small figures and anything that has a good logical progression as evidence should be considered.

I do not believe the fact you have to pay rent will be considered.

I'm sure more prolific advice will follow.

 
Thanks for the help…Just some clarification please….
Issue 1 is that she has stated to me in the past that she believes that she is entitled to 80% of the assets because she has paid the mortgage, rates etc…Would these payments be seen as payment of occupation rent or would a court agree that she has a greater entitlement to the assets?

Issue 2 is that our 12 months post divorce is up in a fortnight! If we don't get it sorted out by then, what happens in regards to the house? Can we go to a different court as "joint tenants" to work out the issue or does it still always come under the Family court?
By that I mean, say we fail to agree on things, is another court able to treat us as purely as "business partners" now in terms of the house, or does the fact that we were married once always make it a family court issue?
Cheers Holden  
It's been a while since my divorce so I'll let others answer this question and will reflect that in my situation court action was in progress and everything was sorted before the 12 months.

You need to put your thinking cap on and do the maths as to what the property owed when you stopped paying the mortgage come up with a figure of what she has paid into the property follow through with an assimilation of what you feel is fair on paper.

There is never enough information to state that she is wrong or you are right until it's before a judge.

You will not fail in court as the court will decide for you so make your case on facts and logic with a dash of fairness. Prepare prepare prepare.

She can think she is the queen of England for all that it matters concentrate on getting your financials figured out then if you cant agree someone will tell you how it will be.

Until you do the sums you will not know if it is worth pursuing or not so think hard.

D4E said
By the sounds of things we are only talking small figures and anything that has a good logical progression as evidence should be considered.
Settlement cases can be very costly especially if they reach the litigation stage and run to trial.  If you hire a Lawyer and have a Barrister advocate you could be looking at anywhere from $25K onwards.  If you choose to self represent please be aware that even SRL's can have costs awarded against them (this was shown in a decision from the Courts in a recent posting by one of the SRL-R's).

I'm not sure what is "really" fair or equitable in settlements but I would be assuming like D4E said that as there are no children if both parties can show an equal contribution to the asset pool during the marriage, then all of the assets should be split 50/50.

D4E said
Until you do the sums you will not know if it is worth pursuing or not so think hard.
This comment pretty much hits the nail on the head I would think!!

Good Luck :)

"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
Thank you for the replies. I agree that essentially our dispute is over $10,000. And this is a liability. What I am having difficulty with is getting her to see that a BFA where I get basically 20% of assets but pay 50% of the debt seems wrong! I am happy for her to have 80% of the assets, as long as she accepts the credit card debts…Difficult to get her to agree however! My thoughts were that if things are split 50/50, then thats everything…assets and liabilities, she doesnt agree.
HTholden said
Thanks for the help…Just some clarification please….
Issue 1 is that she has stated to me in the past that she believes that she is entitled to 80% of the assets because she has paid the mortgage, rates etc…Would these payments be seen as payment of occupation rent or would a court agree that she has a greater entitlement to the assets?

Issue 2 is that our 12 months post divorce is up in a fortnight! If we don't get it sorted out by then, what happens in regards to the house? Can we go to a different court as "joint tenants" to work out the issue or does it still always come under the Family court?
By that I mean, say we fail to agree on things, is another court able to treat us as purely as "business partners" now in terms of the house, or does the fact that we were married once always make it a family court issue?
Cheers Holden
  Hi Holden

I just wanted to let you know that this site doesn't actually offer any legal advice.  Most of the people on here are pretty much separated individuals who have either been through the Family Courts, currently going through the Family Court system or just have a vested interest in Family Law in general.  Because of this you will find that although many of us…like me (obviously there are some people on here that are far more knowledgeable in this regard) have basically just acquired bits and pieces of knowledge about the Laws/processes along the way due to our own experiences or further reading/interest.

Given what I have said above it would probably be advisable for you to perhaps give Legal Aid a call in your State/Territory as they might be able to provide you with some more concise responses in regards to your legal rights etc  You'll find too that there are a lot of lawyers who offer a free 1st consultation which might also be an option to have any immediate questions answered

Good Luck :)

"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
CrazyWorld said
Settlement cases can be very costly especially if they reach the litigation stage and run to trial. If you hire a Lawyer and have a Barrister advocate you could be looking at anywhere from$25K onwards. If you choose to self represent please be aware that even SRL's can have costs awarded against them (this was shown in adecision from the Courts in a recent postingby one of the SRL-R's).
You are taking that case out of context. The SRL deliberately prolonged the hearings, which involved considerable costs to the other party.

If the amount between them is $10,000 then splitting the difference is less that any legal fees would be.

HTHolden is probably saying too much in a public forum.


SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
SRL-Resources said
CrazyWorld said
Settlement cases can be very costly especially if they reach the litigation stage and run to trial. If you hire a Lawyer and have a Barrister advocate you could be looking at anywhere from$25K onwards. If you choose to self represent please be aware that even SRL's can have costs awarded against them (this was shown in adecision from the Courts in a recent postingby one of the SRL-R's).
 You are taking that case out of context. The SRL deliberately prolonged the hearings, which involved considerable costs to the other party.

If the amount between them is $10,000 then splitting the difference is less that any legal fees would be.

HTHolden is probably saying too much in a public forum.


  I actually did realise that it was due to the SRL's failure to produce documents at the Court Ordered time.  What I was actually trying to say in "please be aware…" was that SRL's (whose costs would usually be low in comparison to a hired lawyer etc) is that you still need to be careful as SRL's can also have costs awarded against them. I wouldn't like for this to happen to Holden or anyone especially knowing how tough finances can be for many people!!  I apologise for my written confusion.

"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
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