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Answered in 11 minutes by:
5/28/2009
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedHiCustomer
It appears that you will have to defend her claim. As an owner of the property she is entitled to receive 1% of the sale price after payment of all deductions namely mortgage legal and agents fees.
Having said that you can also make a cross claim against her on the basis that she did not make any contribution to the purchase of the property or any contribution to the renovations. You can also file a third party Notice joining your ex wife as she too was an owner and any money to be paid to this person should be paid jointly.
You should make a details list of what the property cost you to purchase cost of the renovations, what you paid with your wife and then calculate the share that this lady should have paid but did not.
You will need to take into account the $95,000.00 she paid.
You should speak to a Solicitor to assist you in drafting the documents correctly and then writting to her and asking her to provide Further and Better particulars to show how she believes she is entitled to the money she is claiming and also to assist you in preparing your defence. Advisng her of the Cross claim may also make her decide to withdraw the claim.
It is not a small matter and you should get legal assistance
I hope this is of assistance and if so please click on the accept button
It appears that you will have to defend her claim. As an owner of the property she is entitled to receive 1% of the sale price after payment of all deductions namely mortgage legal and agents fees.
Having said that you can also make a cross claim against her on the basis that she did not make any contribution to the purchase of the property or any contribution to the renovations. You can also file a third party Notice joining your ex wife as she too was an owner and any money to be paid to this person should be paid jointly.
You should make a details list of what the property cost you to purchase cost of the renovations, what you paid with your wife and then calculate the share that this lady should have paid but did not.
You will need to take into account the $95,000.00 she paid.
You should speak to a Solicitor to assist you in drafting the documents correctly and then writting to her and asking her to provide Further and Better particulars to show how she believes she is entitled to the money she is claiming and also to assist you in preparing your defence. Advisng her of the Cross claim may also make her decide to withdraw the claim.
It is not a small matter and you should get legal assistance
I hope this is of assistance and if so please click on the accept button
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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