View Full Version : LAW HELP PLEASE
big o
04-07-2011, 12:24 PM
STORY GOES LIKE THIS
girlfriend and ex boy friend have a house together.
gf split with ex in december
gf wants ex to move out of the house so she can sell it and move on
ex wont, says he has no money to move out and no one will rent to him as he only works part time.
house and mortgage is in both their names.
She wants to sell and move on with her life, he wants to stay there rent free as he has no money to pay the bills himself.
Is there any thing that you all know about that we can do, as in has anyone had experience with this sort of thing before.
Owen
coFF33
04-07-2011, 12:27 PM
wow its not usual for antilag to find a solution to a man being a shit@#%t
cant wait to see how this pans out.
http://tigzy.com/lj/popcorn.gif
Mad_Aussie
04-07-2011, 12:29 PM
Hit up Bob Loblaw's Law Blog
Get a few blokes together wearing balaclavas and carrying base ball clubs, to pay a visit. If done properly should work a treat.
KyeBidz
04-07-2011, 12:41 PM
Get a few blokes together wearing balaclavas and carrying base ball clubs, to pay a visit. If done properly should work a treat.
Carrying a whole baseball club to a house is a bit extreme...
Fukushima
04-07-2011, 12:45 PM
Bury him in the pines
Gr3mlin
04-07-2011, 12:58 PM
Tell the bum to get a full time job and get the fuck out.
How the fuck did he get a partial mortgage when he cannot even pay bills?
But back on the point, while he may not be able to afford to rent a house or unit, he should be able to rent a room!
He just playing you all.
AMPERAGE
04-07-2011, 01:08 PM
I'm pretty sure if one partner wants to sell and the other does not, the partner that does not want to sell would have to buy out the other in order to keep the place.
This seems like the kind of thing that a lawyer could give you a very simple answer to, I'd suggest that a few hundred bucks may be money well spent on getting the definite legal stance on the matter.
Risk10k
04-07-2011, 01:12 PM
Restraint order is possible.
Is she fit?
Post nudes.
But seriously, its a pingpingpingping of situation - I have a similar thing going on with a few associates of mine, the girl is now facing bankruptcy..
Blueraven
04-07-2011, 02:24 PM
If both names are on the mortgage, time to get lawyers involved, don't fuck around with anything else.
Edit: also have loud angry sex in the Lounge room.
Ryan1080
04-07-2011, 03:27 PM
Make the pingpingpingping's life miserable in the house. Organise parties every day, invite 'randoms' over, stop cleaning the house for a while, make heaps of noise when he wants to sleep, etc etc.
Risk10k
04-07-2011, 03:44 PM
Edit: also have loud angry sex in the Lounge room.
With yourself!
Tre-Cool
04-07-2011, 04:38 PM
she should probably get in touch with the bank to see if she can buy his side out. she should be very careful incase he takes out other loans and uses the house as collateral.
Sister's Ex did that and racked up more debt than 3 properties were worth.
RICEY
04-07-2011, 04:42 PM
I reckon hes staying to stop her "moving on".
Ryan1080
04-07-2011, 04:43 PM
she should probably get in touch with the bank to see if she can buy his side out. she should be very careful incase he takes out other loans and uses the house as collateral.
Sister's Ex did that and racked up more debt than 3 properties were worth.
Seems suss. Don't you need all owners / parties to the loan to sign the paperwork for more loans? Unless you have a healthy equity and credit line you can just draw on... Also how can you borrow more than the property is worth?
stawberi
04-07-2011, 04:50 PM
It sounds like she has a property settlement matter which will need to proceed to the Family Court of WA. There she can apply for orders of the court that the house be valued, placed on the market, sold, and the proceeds of sale divided in proportions that reflect the parties' contributions to the relationship.
I work for a law firm called Julienne Penny & Associates. We are at level 1, 35 Adelaide Street, Fremantle. On Thursday evenings from 5-6pm we run initial 15 minute advice sessions for $22 inclusive of GST. She can get advice on how to proceed and whether it is worth her while to involve lawyers further.
This stawberi guy cant spell the fruit, but is right.
i bet she cheated on him? confirm y/n?
DanWA
04-07-2011, 05:44 PM
theres obviously more to the story but the way to go about it is with lawyers and definately watch out that he hasnt slung some debt onto the house
disc0-dan
04-07-2011, 05:59 PM
Carrying a whole baseball club to a house is a bit extreme...
I dont think anyone else got it, but I lol'd so dont worry.
Pr0state
04-07-2011, 07:36 PM
So the story goes
me and my ex gf have a house together
My ex gf moved out.
We both are paying half the mortgage at the moment
She wants me to pay rent even though I'm paying half the mortgage!
She told me to move out
I told her she's welcome to move back in but she's adamant that I have to move out! She even brought a whole baseball club over to my house to threaten me. They were all wearing balaclavas for some reason
get naked and erect dude! you cant bash a dude thats naked with a boner! itd just be awkward especially if the fight ended up on the ground!
and would probs end in a blow job!
disc0-dan
04-07-2011, 08:41 PM
-.^
BOSS 290
04-07-2011, 08:45 PM
It sounds like she has a property settlement matter which will need to proceed to the Family Court of WA. There she can apply for orders of the court that the house be valued, placed on the market, sold, and the proceeds of sale divided in proportions that reflect the parties' contributions to the relationship.
I work for a law firm called Julienne Penny & Associates. We are at level 1, 35 Adelaide Street, Fremantle. On Thursday evenings from 5-6pm we run initial 15 minute advice sessions for $22 inclusive of GST. She can get advice on how to proceed and whether it is worth her while to involve lawyers further.
That's true, she can apply for orders, she can apply for orders he wears a clown suite, but that doesn't necessarily mean the orders are granted. Doesn't the matter need to be heard by a FDR practitioner before the court will hear the matter or is that only relating to custody matters pertaining to children?
What's the lead time on pursuing matters through the Family Court of WA all the way to trial? 2 years? And the cost? Upwards of $50k if the lawyers write the affidavits, lodge documents, represent their client in court and so forth.
Nevertheless I do agree it is a good idea to put him on notice that he either contributes, co-operates or fucks off out the house.
What would be the consequence of her going to the bank, instructing the bank she no longer wishes to pay the mortgage and hands the bank the house keys?
c4fgt
04-07-2011, 09:13 PM
At law co-owners can not charge for occupation rent even if one party is exclusively in occupation. If a person is to apply to the Court to have the house sold it will be, save in some circumstances where the Court will order the ownership partitioned - though this is uncommon.
You SHOULD apply to the Family Court to have this done as a sale initiated at the instruction of the Court is not subject to stamp duty. This is going to save you a heap a coin - more coin than you are going to pay in legal fees.
Carrying a whole baseball club to a house is a bit extreme...
Lol I sensed something didn't sound quite right as I wrote that... Doh
TurboHead
04-07-2011, 10:39 PM
Who pays stamp duty on a sale anyway? Buyer pays the duty.
c4fgt
04-07-2011, 11:15 PM
Sorry, that wasn't clear. If transferring into sole ownership via settlement no stamp duty is paid.
coFF33
05-07-2011, 06:22 AM
3 new users with less than 5 posts all in this thrad!
crazy stuff
whats more crazy, is the female in the story.
BOSS 290
05-07-2011, 06:52 AM
My money is on post #18.
crabman
05-07-2011, 08:31 AM
Sorry, that wasn't clear. If transferring into sole ownership via settlement no stamp duty is paid.
Will be PMing you when I am working again, I need this done.
What is a rough figure of cost, no court representation needed, ex and I are on good term, as in cooking me dinner and jiggy jig terms. Just hope no positive pregnancy tests pop up lol
kurbn
05-07-2011, 11:30 AM
Why can't he go stay with family?
big o
05-07-2011, 12:00 PM
This is all great info thanks heaps.
as for post 18 she didn't cheat on him it was the other way around and he use to let his fists fly at her, that is why she got out.
He thinks that because he has the house in some strange way that will make her go back to him, he is a very twisted person, has a real tough guy attitude.
He has no money and nothing to his name so no one will rent or help him out, just need a way out OF THIS QUICKLY.
I even thought about buying the house myself and selling it next month, just to get out of the mess.
Owen
Go see a lawyer man - end of the day your playing with hundreds of thousands of dollars that arnt yours.
I know youll want to the right thing by the Mrs, but dont sign or throw money at the issue - could end poorly.
BOSS 290
05-07-2011, 12:27 PM
Like I mentioned earlier, she should walk into the bank, hand them the keys and instruct them she does not wish to pay the mortgage. The bank will then pursue him for the funds (provided they both entered into the agreement). If he does not pay the bank will reposses and sell the house.
That will get him out the house.
SircatmaN
05-07-2011, 06:27 PM
Like I mentioned earlier, she should walk into the bank, hand them the keys and instruct them she does not wish to pay the mortgage. The bank will then pursue him for the funds (provided they both entered into the agreement). If he does not pay the bank will reposses and sell the house.
That will get him out the house.
Perfect, if she plans on never buying another house again.
c4fgt
05-07-2011, 08:20 PM
Will be PMing you when I am working again, I need this done.
What is a rough figure of cost, no court representation needed, ex and I are on good term, as in cooking me dinner and jiggy jig terms. Just hope no positive pregnancy tests pop up lol
I work at a criminal practice, though can point you in the direction of a good family lawyer. If (WHEN) I break up with the Mrs he'll be the guy I go to. Though really if you're getting dinner cooked for you and a bit of jiggy jig every now and then you really have to wonder if you have anything to worry about!
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