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I currently have a property purchased in a partnership with…

Hi , I currently...

Hi , I currently have a property purchased in a partnership with a mortgage.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

The country is australia and the state is Queensland

Lawyer's Assistant: Has anything been filed or reported?

Nothing yet and the issue is the other partner is not paying there share of the mortgage and I have now loaned them more money to fix up there share of the mortgage than they have in equity in the property.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes please state I am looking for a way to get the property off the other partner due to the outstanding monies we are owed.

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Answered in 9 minutes by:
3/12/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,325
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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are you able to tell me the title details, whether the title is joint tenants or tenants in common ?

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Customer reply replied 4 months ago
HI John, The property was purchased in a partnership and I cant find anything that relates to joint tenancy or tenancy in common. I will ask the conveyancing solicitor today for clarification today on the question of joint tenants or tenants in common.

the copy of title will tell you this answer, do you have a copy of the contract ?

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Customer reply replied 4 months ago
We are tenants in common

ok

as you are tenants in common this means you cannot be forced to sell you share of the property unless a court order is obtained.

If the other partner is refusing to pay the mortgage, you should contact the bank and seek a hardship package to allow time to mediate the matter with that party.

if that party is refusing to pay all together, then you can raise urgent proceedings in QCAT to get n order to enforce the party to act.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,325
Experience: Principal Lawyer at Legal AU Pty Ltd
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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