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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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The Queensland law society says that legal documents should

Customer Question

The Queensland law society says that legal documents should be kept for a minimum of 6 years. 2 years ago, my ex partner and I separated, and he signed documents to transfer the title of the house back to my father and I. My father brought the property, and put myself and my ex partner on the name of the house to provide us with some kind of security. 6months later we seperated. Initially he signed the transfer papers paid an amount and requested we pay the outstanding bill however for a year or so my father and I didn't talk and we didn't have the funds to pay the transaction cost. We have since reconciled and I am in a position to pay the transfer fee, however my ex partners previous solicitor has advised me they sent back the original documents to him and due to no money being paid the case was closed. The issue is now, my ex partner and I don't speak are on bad terms and his previous lawyer stated it is in his hands to send back the documents or sign new ones, otherwise if not, to look at legal advice and prospects of court applications. However, I don't think my ex partner has strong grounds to object, as the family court webpage states de facto property settlements should be made within 2 years and it is almost 2 years and he has made no proceedings against me or pursued an application for property settlement, and also it was his original intention as he signed the documents however they just didn't action as we did not pay the funds due to circumstances mentioned above. Further, the house is my fathers only asset and he was the one who paid for it and put our names on the title to help us out, but as mentioned we were very young and shortly after split up. My father may need to sell the home in future to move into independent living with assisted care, so that would be his only asset to pay for such. I've consulted with a solicitor, and was not happy with their advice as it was information I was already aware of (being a legal student) further, the proposed fees they wanted to charge me for further action, are at this stage maters I believe I can deal with myself such as asking why the former solicitor sent back the original documents, and also researching possible avenues to pursue should my ex partner not be co-operative (lodging an application in the family circuit court) Any advise on this matter would be appreciated,
Thanks Leanne.
Submitted: 8 months ago.
Category: Australia Law
Customer: replied 8 months ago.
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Expert:  Daniel replied 8 months ago.

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