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Queensland, Im divorced house was in father in laws name and…

Queensland Lawyer's Assistant: What...

Queensland

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

Im divorced house was in father in laws name and we signed a rental agreement do I have any claim to this house

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

They are selling. No not yet

Lawyer's Assistant: Have you talked to a Queensland lawyer about this?

Not yet father in law loaned my ex and I money to pay off credit cards no signed agreement but have been paying it each month do I still need to pay this now we are divorced and I got nothing

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

Just the above am I liable for the credit card payment from ex father in law with no signed documents except bank statements and do I have claim tonthe house

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Answered in 5 minutes by:
3/27/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
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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Good Evening

Apart form paying rent, did you make any improvements to the property?

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Customer reply replied 3 months ago
No
Customer reply replied 3 months ago
I just paid 95 dollars lol
Customer reply replied 3 months ago
My main concern is the repayment of credit card money he transferred to us when we were married
Customer reply replied 3 months ago
He is demanding repayment I stopped paying 216 per month for 23 thousand he transferred.to my account

Good Evening

It is going to be very hard to bring your father in law unto it them.

Had you made improvements and made the property better and increased the value then you could join him and seek you get reimbursed.

As you have not done this it cannot be bought into the matrimonial assets.

Any gifts given to you, you would argue it was for both and not a loan.

The law is reluctant to make people repay gifts.

The law will apply the following 4 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

The court will look at the purpose of why the money was given to you. The other side has to prove their allegations.

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 3 months ago
I
Customer reply replied 3 months ago
Please read attached

Was it a loan?

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This is from your ex?

The credit card debt did he get a benefit?

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Customer reply replied 3 months ago
This is my main concern I dont believe my ex was paying his super and was in more debt than me so I want to make sure my effortd are not futile or should I just pay this stupid credit card
Customer reply replied 3 months ago
He said it was to help us but we were to treat it as a loan and pay each month but I now raise 3 children on my own without help
Customer reply replied 3 months ago
No signed documents
Emails stating he had transferred the amount as a loan etc

I cannot comment on that I do not have all the facts and I do not know the history of your relationship

If you pay it off, then you get the benefit of this in any settlement.

So it was from the father in law?

Was it given to both you and your ex?

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Customer reply replied 3 months ago
From now ex father in law paid my ex 40 thousand credit and my 23 thousand one but I received nothing in settlement as itnwas hidden in his family trust
Customer reply replied 3 months ago
House car everything
Customer reply replied 3 months ago
I got 0
And now demanding I continue to pay the 216 a month

You are confusing me.

Have you had a property settlement?

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Do you have any assets in your name?

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Customer reply replied 3 months ago
Cant have one as its in my exs father's name
Customer reply replied 3 months ago
He is now selling it
Customer reply replied 3 months ago
We are just divorced
I didnt claim anything just bot paying the 23 thousand
Customer reply replied 3 months ago
Not*

I mean a property settlement with your ex?

You started asking about family law we are not talking about a loan that has nothing to do with the family law.

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I think a phone call would be in order so I can give you some detailed guidance.

But is it a further fee.

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Customer reply replied 3 months ago
I wanted info on both
You said I have little to no claim on house etc
So I want to know can I be sued over this payment he made to me
Customer reply replied 3 months ago
I cant afford 200 in one hit
Customer reply replied 3 months ago
I dont get child support as my ex took a cash in hand job to which I cannot prove

You cannot claim on the house

You have told me you have not spent any money on it just rent.

The loan for the credit card. As you are paying and there are emails about it being a loan he can sue you and rely on that.

If he does sue and the court finds you have to pay there will be a judgement against you.

If you have no assets you can then declare bankruptcy and the dent disappears.

You have to get a private investigator to catch him working and then provide that evidence to the ATO and centrelink

But as you and your ex did not own any assets there is nothing the family court can do for you.

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 3 months ago
Are you there

Good Evening

I am sorry I cannot give you anything more positive.

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
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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