Browse Forums General Discussion 1 Apr 11, 2011 2:09 pm Hi everyone. I found this site and I thought it would be a good place to get some advice. Me and now ex partner are having really horrible domestic issues that can't be resolved and I don't know what I need to do from here. We are at the stage where the builder has handed over the house but still have a lot of maintenance issues to fix up and we need to get our fence, landscape etc to get OC. She owns 60% and I own 40%. We are not married. She wouldn’t be able to refinance to buy me out but she wants to keep the house. I’m assuming her family would have to jump in or something. Would they have to pay for stamp duty again and what would happen with the first home owners grant. I believe both our names are on the application. Would I be able to use it in the future if I sell my part now before we have lived in it for 6 months (she would still be living there)? Any assistance in this would be highly appreciated. I have never been this stressed my whole life. We are semi civil still so it is possible to talk to her but its definite we are not going to get back together. Re: Selling due to domestic issues - House not fully built 2Apr 11, 2011 2:28 pm You would need to speak to your bank about having your name removed from any loan document and changing the details of the person/s liable. You also need to figure out how you are going to get your money back. The best idea in my mind would be to agree to be reimbursed for the contract price of the house. This way you will for go any potential profit if the new valuation came in over what you paid, but you also for go any loss if it cam in lower than what you paid. Basically until you can be legally removed from the contracts for the house you need to continue paying your share.I would not pay anything for further improvements. (I would also remove the % you listed for evidence)Once you figure out a solution you should be paid either A your % at the date of you signed for the house (or at any variation) B the date that you reach an agreement on how to go forward. Re: Selling due to domestic issues - House not fully built 3Apr 11, 2011 2:32 pm This is complex and needs a solicitor not a forum to help. If you pay back the FHOG you can start all over again later. You'll be much less stressed once you spend an hour and a notebook with a lawyer who can lay out your options. Tip: Take a recording device and record what s/he says because sometimes you can be so uptight that you can't actually hear what they are saying. Re: Selling due to domestic issues - House not fully built 4Apr 11, 2011 2:35 pm +1 on Legal advise. You cannot be removed from the mortgage as it stands. Basically the current mortgage must be paid out and another party with her commencing new mortgage has to be applied for. Unless she can get a whole new mortgage herself. You will loose your FHOG status for any future purchases. Best see a property lawyer to talk you through this. Re: Selling due to domestic issues - House not fully built 5Apr 11, 2011 2:40 pm I agree with Amadio (which is actually a well known legal precedent ); you seriously need to see a lawyer. In particular someone who specialises in family law. Not only do you need to properly work out your legal position you also will most likely need someone to formalise any agreement you reach to protect you both in the future. If you are in Victoria contact the Law Institute to get a referral for a free half hour consultation with someone in your area. Good luck and try not to stress too much. Re: Selling due to domestic issues - House not fully built 6Apr 11, 2011 6:13 pm Thanks guys. I will be getting legal advice but just didn't really know in which way to approach things and the more things I know before seeing the lawyer the less time it takes for him to explain things. So pretty much atm, I might have to keep under my name until she can arrange to pay me out or just sell the whole damn house. Re: Selling due to domestic issues - House not fully built 7Apr 11, 2011 6:21 pm almostorange So pretty much atm, I might have to keep under my name until she can arrange to pay me out or just sell the whole damn house. Definitely speak to a lawyer and whatever you do, do NOT remove your name from anything unless you are getting the money you are owed!!! 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: Selling due to domestic issues - House not fully built 8Apr 12, 2011 8:32 am She is bringing people over who I do not like. If it continues I am afraid I will get into a rage and break into violence. I can no longer take it. Re: Selling due to domestic issues - House not fully built 9Apr 12, 2011 10:20 am almostorange She is bringing people over who I do not like. If it continues I am afraid I will get into a rage and break into violence. I can no longer take it. Hi Almostorange, You might consider delaying the meeting first - better not to be in a position where your judgement is impaired because of emotions. GET A LAWYER. You are talking serious money and future implications of decisions do not always appear obvious at the time. Let the lawyer deal with the other party rather than you. For a small amount of money in the scheme of life and of the mortgage, save yourself the stress and emotions. Best wishes, Pfiff Pfiff Finally making progress again, with a clothesline (yippee) and some much needed little things being attended to over the holidays. 40 C on New Year's eve? We love our a/c! Re: Selling due to domestic issues - House not fully built 10Apr 12, 2011 10:30 am almostorange She is bringing people over who I do not like. If it continues I am afraid I will get into a rage and break into violence. I can no longer take it. If thats the case then perhaps you have more immediate problems to sort out. Relationships failing is tough, perhaps give beyond blue a call and just have a chat. You never know how they might be able to help or guide you About 6 years ago I was going through a ugly break up, its worth giving them a call to get some perspective and keep your own life in order Re: Selling due to domestic issues - House not fully built 11Apr 12, 2011 12:47 pm Hi, As other have said you definitely need legal advice. I built a home with my brother which we owned 50/50 and our names were both listed on the mortgage and for the first home buyers. When my brother got engaged we needed to sort out what we were going to do with the house. We had both been living in the house for over 12 months so we had met the first home owners grant conditions. In our case, I ended up selling my half of the house to my brother's wife. The mortgage could not be modified, but had to be paid out, and they needed to arrange for another mortgage in their names. My brothers wife had to pay for stamp duty on 50% of the value of the house (as she was only buying half of the house). If my brother had of purchased the 50% from me, he would also have had to pay for stamp duty on the 50%. With my next build, I am no longer eligible for the first home buyers as I have already previously claimed it. I hope everything works out for you. Michelle House - Lockup completed 23rd December 2011 - Painters are in!!! https://forum.homeone.com.au/viewtopic.php?f=31&t=37261&start=0&hilit=Blaxland Re: Selling due to domestic issues - House not fully built 12Apr 12, 2011 2:08 pm I'm not too fussed about losing the money I put in the house already. I just want to get my name off every title. Can I just transfer everything from the bank over to her? Or could I get a solicitor to write up a contract that she will take all ownership? Re: Selling due to domestic issues - House not fully built 13Apr 12, 2011 2:52 pm As others have said; don't do anything until you have talked to a lawyer. They can explain everything about how the process works and what should be taken into account. If you simply take your name off the title you will continue to be responsible for the mortgage (so the bank can come after you years from now if she defaults on the repayments). There is no urgency for you to have your name removed! Also if the two of you were considered to be in a de facto relationship things like superannuation, bank accounts, etc are also splittable. Bottom line, talk to a lawyer, talk to a lawyer now! Best of luck. Re: Selling due to domestic issues - House not fully built 14Apr 12, 2011 8:18 pm Hi there, if she wants to buy/pay you out why settle for anything less than what you are entitled to. if your house has increased in value then get %40 off what ever its worth is the 60/40 split in writing if not go for 50/50. From the info i have you will not be able to take name off titled as it would be registered against the house with your mortgage provider. Re: Selling due to domestic issues - House not fully built 15Apr 15, 2011 9:43 pm you will need a solicitor and try to be very nice to her for the next little while...you dont want it to get worse than it has already...good luck! Make your own Organic Vegetable Patch, Learn How to Build a Pergola http://www.homestyledesign.com.au Thanks for your reply! All valid points and I agree with you on many of them. I am in QLD, any recommendations on a construction lawyer would be helpful 3 2628 DIY, Home Maintenance & Repair We purchased a 1960s property that is on timber stumps mostly, and a newer section is on concrete stumps. We had a building inspection initially and they reported some… 0 12739 Thanks for your reply. I will just wait and see I guess. Trying to get some more information from our builder. 9 30233 |