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I have a house with a mortgage that is joint named with my…

Hi there, I have...

Hi there, I have a house with a mortgage that is joint named with my ex-husband. We've made a mutual agreement before but I'd like to get it sorted legally. Where would be a good place to go to?

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

We are in QLD, Logan.

Lawyer's Assistant: What steps have you taken so far?

We have a spreadsheet of amount that we worked out between us, I now pay the mortgage on my own but there is nothing to show as it's through a joint named offset bank account.

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

I'm not sure what else the lawyer need to know.

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Answered in 5 minutes by:
3/18/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Customer reply replied 4 months ago
Hi there, thank you for your help. I'd like to know the fees before hand as well. I'm happy to pay for each step of the say knowing that what the final amount will be. Thank you :)

Good Morning

If you are thinking of a property split and you have reached an agreement you can File an Application for Consent orders and lodge it with the courts.

Here is the form you have to both complete and have signed before a JP or Solicitor.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/form-topics/applications/form-app-consent-orders

Here is the template for the orders that the court makes

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/form-topics/consent-orders/kit-diy-consent-orders-supplement

It is always best to have a solicitor assist in the drafting of these so that the orders are made at first instance.

The fees for me are what you have agreed to already pay.

But the above is the cheapest way to go if you have reached an agreement.

Be aware that the law will apply the following 4 steps in any property matter

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

All assets and liabilities joint and individually owned have to be disclosed.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
where you said "It is always best to have a solicitor assist in the drafting of these so that the orders are made at first instance.", do I find another solicitor after completing these forms to bring them in?

Good Morning

A local family law solicitor can assist for minimal fees

The law society of QLD can refer you

https://www.qls.com.au/Home

A family law accredited specialist can deal with it quickly.

I hope this answers your further question.

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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