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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44915
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Briefly I put in $180,00.00 into a property with my partner

Customer Question

Briefly I put in $180,00.00 into a property with my partner of 10 years. Things have gone pear shaped between us and I want out. Only my name is ***** ***** deeds to property. I want to sell, he does not , wants to only pay me my original investment of $180,000.00. Can I sell, can he stop me from selling. Am I entitled to monies if property has gone up in value. I took my monies from my Super , am I entitled to interest those monies would have gained if kept in my fund?
JA: What state are you in? It matters because laws vary by location.
Customer: QLD
JA: Has anything been filed or reported?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: At the moment I do not think so.
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 1 month ago.

Good Afternoon

You can sell but he can seek a court order to stop you.

Because it is a long relationship he would be entitled to a share.

You should seek to get orders and finalise the property between you.

The law will apply the following steps

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your Husband made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

IF these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses

So he is entitled to a share.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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.

Please do not forget to leave positive feedback.

Regards
Leon