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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44347
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have purchased a house in a defacto relationship. I was

Customer Question

I have purchased a house in a defacto relationship. I was not permitted on the deed of the land due to the bank not willing to give the mortgage if I was as this made me a dependent. I was not working at the time of purchase of the property but I had money from an inheritance which I used as the deposit for the loan. It was issued via bank cheque and can be traced to the loan via this cheque number. I am waiting for my ex to pay me out fro a lawsuit from a personal injury but I have put my life on hold since September last year and I want to move on and get my deposit now so I can move on with my life. I am scared to move out of the property as it leaves me legally exposed to her doing things behind my back. I have out a caveat on the land title stating that I have a financial investment in the house. If I move out of the house does this affect my legal rights to my stake in the home? This is something that I want to do as I ams till paying the mortgage and I do not want to do this anymore. If My ex wants the house she can take responsibility for it financially. I am unwilling to out anymore money into the home if I am not going to keep it. What are my options in this matter?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Are you saying the relationship is over and you want a property split? How long have you been together?

Customer: replied 1 year ago.
the relation ended in late August and I want my deposit of the house. I also want to move out and get on with life but am scared to do due to worrying about my getting screwed over. We were together three years and lived in the house we purchased for 2 years.
Customer: replied 1 year ago.
I would like to have a document that states she has a timeline of 6 months to pay me out. This includes the deposit of $245,000 plust all mortgage payments that I have made since the home was purchased.
Expert:  Leon replied 1 year ago.

Good Evening,

It is a short relationship and the law and courts would basically allow you each to leave with what you put into the relationship.

You are entitled to the deposit you have paid and any other money for example payments towards the mortgage.

If he refuses then you can consider having the matter go to court and ask that the house be sold and you get your money back.

A family law solicitor should be able to assist you with this.
Being a short relationship this is all you can get.

If he refuses to give you anything you have to sue.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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