View Full Version : how to? buy out partners share in house during break up?
thrtytwo
17-12-2012, 08:20 AM
what is the legal process to buy out my partner if we break up?
both names on the contract but not married.
is it as simple as getting a lawyer to write up a contract, and making her an offer?
31-EVO
17-12-2012, 08:23 AM
I believe so yes, contract, sign, she fucks off with half of the cost of the house and your shit
Fozzy
17-12-2012, 08:25 AM
If its amicable I believe that shouldnt be a problem..
My Parents split after 30 years and they went though everything together and decided who got what and then it was all drawn up by lawyers.
Im sure someone will know the definitive answer though.
cplagz
17-12-2012, 08:27 AM
Just watch out for stamp duty
yeahlow34
17-12-2012, 08:32 AM
Don't get lawyers involved until you decide what you're doing.
I.e. if it's an amicable break-up, agree who is getting what, then have the lawyers write up the contract.
Otherwise you'll get reamed by lawyers fees if they're involved in the decision process.
thrtytwo
17-12-2012, 08:33 AM
stamp duty? not selling the house. I just want to give her a lump sum and I'll keep it.
http://imgc.classistatic.com/cps/blnc/121123/267r1/6027c15_20.jpeg
http://www.cyclone.com.au/sitebuilder/products/large/11/641763b.jpg
DISTRBD
17-12-2012, 08:34 AM
Take her fishing , much cheaper ..
thrtytwo
17-12-2012, 08:43 AM
yeh lawyer will be the last step. will be amicable.
thrtytwo
17-12-2012, 08:44 AM
Take her fishing , much cheaper ..
scuba diving on the great barrier reef?
confuzion
17-12-2012, 08:50 AM
Pretty sure there will be stamp duty involved as you will be taking on more % of the house..
i.e you may have to pay 50% stamp duty.. I went through a similar thing however we just decided to sell it in the end after exploring the options.
moral, don't buy a house with the mrs
DISTRBD
17-12-2012, 08:56 AM
scuba diving on the great barrier reef?
Nope , go a few mile off the coast and she will slip and hit her head before falling into the ocean ..
[Jacek]
17-12-2012, 09:00 AM
stamp duty? not selling the house. I just want to give her a lump sum and I'll keep it.
Yep stamp duty, because your name needs to be put on the title of the house as sole owner. In fact I'm pretty sure you will have to pay the full value of stamp duty unfortunately.
I'd ask a lawyer for advice on this topic at least.
thrtytwo
17-12-2012, 09:05 AM
cheers.
GTB Liberty
17-12-2012, 09:19 AM
If memory serves if you get a consent order validated in family court stamp duty is waived.
Edit - Not waived. Nominal $20.
See http://www.settlementgroup.com.au/viewStory/Transfers/Transfers.
thrtytwo
17-12-2012, 09:37 AM
thankyou!!
cplagz
17-12-2012, 09:49 AM
stamp duty? not selling the house. I just want to give her a lump sum and I'll keep it.
It's still a transfer of ownership, therefore it has to go through the Titles Registrar and stamp duty will more then likely be applicable.
I'm not 100% sure, but I think the above only applies to a divorce also for separation of assets.
cplagz
17-12-2012, 09:51 AM
http://www.landgate.wa.gov.au/docvault.nsf/web/inf_dli_transfer_of_land_following_divorce_july_20 0310/$file/inf_dli_transfer_of_land_following_divorce_july_20 0310.pdf
cplagz
17-12-2012, 09:55 AM
http://www.finance.wa.gov.au/cms/content.aspx?id=2066
http://www.finance.wa.gov.au/cms/content.aspx?id=12018
http://www.finance.wa.gov.au/cms/uploadedFiles/_State_Revenue/Duties/Forms/Exemption_For_Transfer_Between_Spouses__Including_ De_Facto_Partners_.pdf
thrtytwo
17-12-2012, 10:12 AM
so I should be exempt. we've been together 5 years. you only need 2.
thanks heaps!
REXXXED
17-12-2012, 10:30 AM
Definitely exempt from Stamp Duty if you have been together for more than 2 years (I go through this all the time with clients, being a Mortgage Broker).
easytiger
17-12-2012, 10:37 AM
+1 no stamp duty if the above and you go thru the formal lawyer/family court process
GTB Liberty
17-12-2012, 10:45 AM
Don't really need lawyer. make consent orders - get ratified by court to make court order.
There are documents on how do achieve this on Legal Aid website.
easytiger
17-12-2012, 11:01 AM
Thats true
My advice is to agree on something and try do it quickly
I went through the exact same thing a few years ago, someone obviously got into her ear. Thought we had an agreement, i went to bali for 2 weeks and came back with a nice cease contact / lawyer notification in my letterbox
I wish you the best. Keep the lawyers out of it, they end up the only winners with these scenarios
Yarms
17-12-2012, 11:16 AM
im going through the same shit at the moment. we have decided to just sell the house n split what ever we make and go our seperate ways. no lawyers involved.
Jumanji
17-12-2012, 11:21 AM
^ tops mrs / relationship if thats the case...... most of the time that doesnt work so well done :)
http://i.qkme.me/3r8h91.jpg
thrtytwo
17-12-2012, 11:39 AM
yeh that's the second choice. I'd rather keep the house. cbf trying to find a rental and re building. I have no where else to live. she has parents and sisters and shit.
my parents are moving east and my brother has no room. friends all have housemates already. /csb
Jumanji
17-12-2012, 11:42 AM
yeh that's the second choice. I'd rather keep the house. cbf trying to find a rental and re building. I have no where else to live. she has parents and sisters and shit.
my parents are moving east and my brother has no room. friends all have housemates already. /csb
Thought of maybe building and renting out the house and negatively gearing it between both your incomes and using it as an 50/50 business propostion? just an idea anyway...
crabman
17-12-2012, 04:48 PM
Fuck, the amount of useless pingpingpingpings posting shit in here when they have no idea pisses me off. Its a stressful situation at the best of times and the last thing you want to be fed is incorrect information as it only compounds the stress exponentially.
I went through this nearly a year ago, so speaking from actual experience, not what my step brothers mum cat went through...
No, you don't have to pay stamp duty, if that was the case I would have sold and split the debt with the bitch.
No, you don't waste money on a lawyer. Sort it out right in the first place on good terms (which it sounds like you're fortunate enough to be experiencing) and all it will cost you time wise is about two hours in the family court if you even do the typing on their computers (don't even need to be seen infront of a judge) just sign papers infront of their JOP in a office near the front door. This is the majority of the time spent there.
I know with Bankwest a year ago, you dont have to pay for LMI again as their policy was the original cover is good for a name removal in the future. Again, if this wasn't the case I would have sold it and split the debt. I advise you call up about this as it has the potential to be a large sum of money.
I hope you are lucky like me and after over 2 years of my ex paying half of the mortgage repayments I gave her 5k cash and she walked away.
thrtytwo
17-12-2012, 05:00 PM
Thought of maybe building and renting out the house and negatively gearing it between both your incomes and using it as an 50/50 business propostion? just an idea anyway...
yeh but I'd rather just cut all ties
Fuck, the amount of useless pingpingpingpings posting shit in here when they have no idea pisses me off. Its a stressful situation at the best of times and the last thing you want to be fed is incorrect information as it only compounds the stress exponentially.
I went through this nearly a year ago, so speaking from actual experience, not what my step brothers mum cat went through...
No, you don't have to pay stamp duty, if that was the case I would have sold and split the debt with the bitch.
No, you don't waste money on a lawyer. Sort it out right in the first place on good terms (which it sounds like you're fortunate enough to be experiencing) and all it will cost you time wise is about two hours in the family court if you even do the typing on their computers (don't even need to be seen infront of a judge) just sign papers infront of their JOP in a office near the front door. This is the majority of the time spent there.
I know with Bankwest a year ago, you dont have to pay for LMI again as their policy was the original cover is good for a name removal in the future. Again, if this wasn't the case I would have sold it and split the debt. I advise you call up about this as it has the potential to be a large sum of money.
I hope you are lucky like me and after over 2 years of my ex paying half of the mortgage repayments I gave her 5k cash and she walked away.
cheers mate, she fronted half the deposit and has spent about $4-6k since then. So I'm probably looking at offering her $20k, and she can keep the $3k coffee machine I bought her as a sweetener lol
Poktrokt
17-12-2012, 06:48 PM
I'm with Crabman here!!
I went through this recently! Finalized it in Sept this year!!
Option 1 is to do as Crabman says and complete the forms for the family court and void stamp duty, the paper work involved makes you devolve information which you may now find private (salary and income, this changed significantly for both of us and we also didn't want the other party to know our new residence)
Option 2 which is what I did, I copped the stamp duty which was only half because I have technically already paid half as I already owned half!
This worked out to be my best option at the time and meant it was all done a d dusted immediately through the settlement agency!
I didn't have to pay LMI because we already paid it!
I decided to re mortgage as the value had changed etc anyway and it's much cleaner this way, no messy trail!
as I didn't want to pay LMI I had to stay with sane bank
We came to an agreed value after having the place valued, I paid him $30k for the place! Which I'm thankful for!
With our other places we managed to sell them both off quickly :) I didn't want either of them! Lol one was a net built home! :/
PM if you want to know more details as I can't post on here!
GTB Liberty
17-12-2012, 06:51 PM
If memory serves if you get a consent order validated in family court stamp duty is waived.
Edit - Not waived. Nominal $20.
See http://www.settlementgroup.com.au/viewStory/Transfers/Transfers.
Don't really need lawyer. make consent orders - get ratified by court to make court order.
There are documents on how do achieve this on Legal Aid website.
Fuck, the amount of useless pingpingpingpings posting shit in here when they have no idea pisses me off. Its a stressful situation at the best of times and the last thing you want to be fed is incorrect information as it only compounds the stress exponentially.
I went through this nearly a year ago, so speaking from actual experience, not what my step brothers mum cat went through...
No, you don't have to pay stamp duty, if that was the case I would have sold and split the debt with the bitch.
No, you don't waste money on a lawyer. Sort it out right in the first place on good terms (which it sounds like you're fortunate enough to be experiencing) and all it will cost you time wise is about two hours in the family court if you even do the typing on their computers (don't even need to be seen infront of a judge) just sign papers infront of their JOP in a office near the front door. This is the majority of the time spent there.
I know with Bankwest a year ago, you dont have to pay for LMI again as their policy was the original cover is good for a name removal in the future. Again, if this wasn't the case I would have sold it and split the debt. I advise you call up about this as it has the potential to be a large sum of money.
I hope you are lucky like me and after over 2 years of my ex paying half of the mortgage repayments I gave her 5k cash and she walked away.
CSB - now get off the roids or bottle and learn to read.
Twice over, still in the courts over access. So let me cry you a river.
Poktrokt
18-12-2012, 06:48 AM
I think the point is, we are all here to assist you with any queries :)
I went through mine alone with very little assistance and it made it so much more stressful not knowing what I could and couldnt do and how much it would set me back.
If you have a good rapport with your settlement agent you can contact them to discuss the formalities and title paper work etc and speak with your Broker about the funding side of it as you will need to take on that second half.
The documents they are referring to above is the Form 11 Application for Consent Orders and Minute of Consent Order, should be able to find these easily on the internet.
I'm not sure exactly, but I was informed that it can take up to 6 weeks in the courts to process and also these forms need to be agreed and signed by both parties, which is why I opted to pay the half Stamp Duty.
Good luck, when was the break up if you dont mind me asking?
Doesnt matter how amicable you think this will be, shit turns bad REAL quick!
Starts off all agreeable and speaking like adults then quickly turns to sledging etc hahaha
OH and I took over the place, rented it out and currently live with Huggy_B haha I'm sure someone might take you in while you get it all sorted if you need be!
Just as someone else said, do this as quick as possible because friends and family do get in their ear just like we are gettign in yours now, the last thing you want is for her to refuse to let you have it (which she can legally do by forcing it to go to sale) or even she might see capital postential and want to buy it herself! :) :)
huggy_b
18-12-2012, 06:54 AM
Good luck, when was the break up if you dont mind me asking?
Doesnt matter how amicable you think this will be, shit turns bad REAL quick!
Starts off all agreeable and speaking like adults then quickly turns to sledging etc hahaha
How old are you thrtytwo?
cplagz
18-12-2012, 06:56 AM
He also didn't state how long they had been together and in this case the courts see a defacto relationship as 2 years (not 6 months) which could have brought stamp duty into play. Pretty sure all the links and info GTB Liberty and myself provided cover exactly what you said.
Poktrokt
18-12-2012, 07:01 AM
He also didn't state how long they had been together and in this case the courts see a defacto relationship as 2 years (not 6 months) which could have brought stamp duty into play. Pretty sure all the links and info GTB Liberty and myself provided cover exactly what you said.
Yeah he mentioned 5 years.
Edit: also, my experience was only a few months ago which is why I thought I would contribute.
cplagz
18-12-2012, 07:20 AM
Yeah he mentioned 5 years.
Edit: also, my experience was only a few months ago which is why I thought I would contribute.
Only after all my posts ;)
thrtytwo
18-12-2012, 07:48 AM
How old are you thrtytwo?
I'm 24. haven't told her yet. doing my research first. probably tonight...le sigh.
thanks for all the advice in here.
cplagz
18-12-2012, 07:59 AM
Kill her, keep the house and coffee machine. Winning!
thrtytwo
18-12-2012, 08:06 AM
Kill her, keep the house and coffee machine. Winning!
haha she's not that bad. it's just not what it used to be for me unfortunately :/
Poktrokt
18-12-2012, 08:36 AM
Kill her, keep the house and coffee machine. Winning!
HAHAHA I took the coffee machine!!!! it was a DeLonghi lol mind you, thats all I took
haha she's not that bad. it's just not what it used to be for me unfortunately :/
Good luck!
So you havent broken up yet is that what your saying??
it's just not what it used to be for me unfortunately :/
Get her to start doing anal..
thrtytwo
18-12-2012, 08:51 AM
Get her to start doing anal..
tried that. god said no.
thrtytwo
18-12-2012, 08:53 AM
So you havent broken up yet is that what your saying??
yep. shitting bricks at work atm. nearly vommeting. ffs.
cplagz
18-12-2012, 08:59 AM
If you are reasonable about it and talk to her calmly and explain why you don't think it's working and what you want to do all should be fine. If she turns into a psycho then you are better off anyway.
shifted
18-12-2012, 09:30 AM
Any particular reason after all this progress together that you are deciding it's better to part ways rather than work on the relationship?
Guess when you feel its dead you can't do much, seems like a rough road ahead with the house and everything though. Hope it works out on good terms for you.
Makes be kinda think its better to just buy a house in your own name only to hopefully not have this issue...?
-Luke-
18-12-2012, 09:36 AM
yep. shitting bricks at work atm. nearly vommeting. ffs.
what's her email address? I'l send her a link to this thread?
Poktrokt
18-12-2012, 09:47 AM
Naw I know the feeling! takes a lot of courage after such a long time! It will kill you to see her sad though because although you may not love her the same, you still care about her very much :(
That talk was the hardest thing I have ever had to do! (after 5.5 yrs together) But I did it swiftly and he respected that! If you live together it will be awkward!! I had stuff packed just before I sat him down so that I could leave the house immidiately and stayed with a friend for a few nights. This made sure it was like a bandaid!!
The worst thing I could have done was stayed there!
I hope I never have to have that convo again!
Fozzy
18-12-2012, 09:51 AM
Just dont fall for the crying and bullshit..
If you have made you mind up.. Stick with your decision as you are obviously not happy and nothing will change that. You will just end up back here in a couple of months..
When its over. It has to be over.
easytiger
18-12-2012, 09:55 AM
Makes be kinda think its better to just buy a house in your own name only to hopefully not have this issue...?
I wish i did that and formally charged rent
But that wont always save you once your greedy/vindictive ex finds a greedy/vindictive lawyer.
bitches aint shit!
Make her a decent offer (wait til she's digested the whole idea) then get those consent forms done right away
so about 5 years seems to be the standard breaking point! but thats what happens. you both would have been rather different people at age 19
thrtytwo
18-12-2012, 10:22 AM
main reason is she told me a year ago if we weren't engaged in a years time she'd leave me. I know she doesn't have the balls to leave me.
I can't marry her because I can't have kids with her. because Shes religious and I can't consciously allow my own children to be brain washed.
thinking about this for the past year has kind of made me stop loving her as much I guess.
I guess I'm just a dog for waiting this long
You might be a dog, but i like your views on religion/kids.
Poktrokt
18-12-2012, 10:44 AM
your not a dog, your a pussy for not having the balls to do it sooner :p
Tre-Cool
18-12-2012, 10:58 AM
I can't marry her because I can't have kids with her. because Shes religious and I can't consciously allow my own children to be brain washed.
Man of the Year award for that comment i think.
Hoo rahh
-Luke-
18-12-2012, 11:09 AM
She can't be that religious if she'll shack up with you and have premartial relations ??
it's not like deeply religious people to be hypocritical??
thrtytwo
18-12-2012, 02:27 PM
I left work early cos shit was eating me up. went better than expected I guess.
no decision on the house yet but I don't think she wants me to keep it :/ oh well.
ty for all the links and info.
miss_petepie
19-12-2012, 08:04 AM
its never an easy conversation to have, but sometimes you cant avoid it.
good luck! :)
Yarms
18-03-2013, 07:05 PM
sorry to dig up a old thread but didnt see that i needed to start another one on something similar.
Earlier in this thread i said i was going through the same shit and that we both agreed to split whatever is left after mortgage is paid out. long story short the ex parents got out 70k loan and ex put in 20k of her own money to make up the 20% deposit. i at the time was unable to put anything in but from day 1 i have paid 80% of the mortgage while the ex paid the 70k back weekly.. Obviously the remaining loan in her parents name will be paid out on settlement .
Now if you add up everything the ex has put into it i.e 20k + repayments + misc shit on the house it comes to bit less than what she is gonna get back once settlement is done.
All the repayments on the mortgage + misc shit i have bought for the house = more than what i am gonna get back at settlement.
So as of a couple hours ago i get abusive text from her mum saying i have to give her 20k back first then split whatever is left which make it 60/40 split give or take, They base this on there involvement in helping with doing things to the house.
DO I HAVE A LEG TO STAND ON if i take this down the lawyer path. Can someone please put me on to someone who i can talk to about this, i'm confused as fuck. sorry bout long post but i don't know where to start
thrtytwo
18-03-2013, 07:17 PM
I cant offer any real advice. Or suggest anyone for you to talk to, sorry.
But at the end of the day I don't think they can make you give them any more money before selling? They have no right to demand anything from you, whats spent is spent, and what you get from selling should be split evenly.
Who knows though, the woman always seems to get the better deal.
180SXTCY
18-03-2013, 07:18 PM
bitches. if they didn't have an axe wound you wouldnt even look at them.
Autopilot
18-03-2013, 07:19 PM
http://cdn.memegenerator.net/instances/400x/36334686.jpg
31-EVO
18-03-2013, 07:21 PM
In a perfect world it's 50/50 but it isn't a perfect world and girls are fucking delusional pingpingpingpings when it comes to break ups. If you can prove the money spent etc I'd say you'd be able to get more than 40%
thrtytwo
18-03-2013, 07:24 PM
girls are fucking delusional pingpingpingpings when it comes to break ups
never forget this...
after spending $16k cash, and taking into account the $7k first home owners grant which she couldn't get again, my ex had spent $23k. I had spent $35k cash.
If we sold the house, we stood to take $25k in hand each, BEST CASE SCENARIO.
She wouldn't settle for a payout any less than $30k, and she still believed she deserved more. Because I would get more than that when I sell the house in 10-15 years, even though she wouldn't have been paying the mortgage in that long...
31-EVO
18-03-2013, 07:25 PM
By the way, getting the parents involved because they are too weak to deal with it themselves is fucking pathetic, been there done that, it was ridonkulous
Yarms
18-03-2013, 07:43 PM
ok just to clarify i dont have to give her the 20k before house sells. what her parents want is once settlement it done and say for example 100k needed to be split, they want the 20k dished to her daughter first leaving 80k to split.
For the record my ex is keen and happy to just split it down the middle its her parents that are getting in her head that she deserves more because they helped us with doing work to the house... i told her mum to go fuck herself . But im just curious if i would have a leg to stand on if they wanna take me to court to get more.
31-EVO
18-03-2013, 07:46 PM
If you get your ex's okay with the 50/50 on a legal signed doc and there is no legal papers saying the 20k is to be paid back and it was 'gifted' to you both to buy your house, they have no legal leverage over you at all period
Yarms
18-03-2013, 08:02 PM
the ex fronted her own 20k up front so they want her to have that back first out of the 100k then split the 80k left over . but i have paid 80% mortgage repayments from day 1 ... bottom line is me and ex have roughly put in the same amount of cash over time . her parents just want more cause they helped us do work on the place and cause they hate me... FML
sorry if im being to confusing.
2jzlux
18-03-2013, 08:21 PM
Tell them to eat a dick and just split it 50/50, legally they have fuck all claim to the place.
If it was in their daughters favour would you be getting 20 k back?
duste
18-03-2013, 08:25 PM
the ex fronted her own 20k up front so they want her to have that back first out of the 100k then split the 80k left over . but i have paid 80% mortgage repayments from day 1 ... bottom line is me and ex have roughly put in the same amount of cash over time . her parents just want more cause they helped us do work on the place and cause they hate me... FML
sorry if im being to confusing.
Fuck their other daughter.
31-EVO
18-03-2013, 08:29 PM
Nah you can't be touched, just deal with the ex and disregard the parents they're dildos
Poktrokt
18-03-2013, 08:29 PM
For the record its not just the women who are delusional during a break up!!! As mentioned earlier in the original thread I went through same situation.
I am not about to lie like the rest of you and say I was pleasant to deal with because I know I would have been a nightmare BUT I can tell you he was no delight to deal with either and I even received demanding and abusive msg from his family!
Back on topic, from a legal stand point, they would need to be able to prove in court that the $20,000 is their's, was this transferred into your ex's account? If so then there is no way they can prove it was used on the mortgage unless they signed the mortgage docs with you in any capacity (guarantor etc).
Your best bet would be to sell the house ASAP and make an email agreement with the settlement agency (use the same one as her), this doc wi have a stronger standing in court than the parents 'alleged' contribution!!
This is what I did on 1 of the properties, an email from me to the settlement agent agreeing to how much we were each to receive!
Good luck, you will need it as this issue won't be over for a long time yet haha
Kickit
18-03-2013, 08:31 PM
get a hit man and end the pingpingpingping
Yarms
18-03-2013, 08:43 PM
yeh we have someone wanting to buy just waiting for the letter of approval from there bank. Her old lady has abused me many a time via text.. its not my ex's fault her parents just love to interfere and she cant stand up to them.
31-EVO
18-03-2013, 08:49 PM
yeh we have someone wanting to buy just waiting for the letter of approval from there bank. Her old lady has abused me many a time via text.. its not my ex's fault her parents just love to interfere and she cant stand up to them.
Wait it out, pay her out, then tell the parents to taste a big veiny bag of the finest dicks
HANS YOLO
18-03-2013, 09:11 PM
man after reading all this if i was cray enough to let the Mrs move in she would be paying nominal rent, transferred to an account and be given a receipt for her troubles...my house is my house biatch!
*may or may not stand up in court of law
180SXTCY
18-03-2013, 09:43 PM
moral of thw story as sad as it is.. you cant trust no niggah
heavyduty1340
18-03-2013, 09:45 PM
In a perfect world it's 50/50 but it isn't a perfect world and girls are fucking delusional pingpingpingpings when it comes to break ups. If you can prove the money spent etc I'd say you'd be able to get more than 40%
Aint that the fucking truth
Doesn't matter which way you tackle things the pingpingpingpings always claim they have been hard done by/contributed more
etc etc
If they didn't suck and fuck we would spend all of our time on cars/mates!!
Why the fuck lawyers and court systems back them fucks with my brain
Baron
19-03-2013, 12:49 AM
Yarms, I haven't gone over the figured you provided, but I'll just assume the approx 50/50 split is right.
The parents gave you guys a loan (seemingly as a couple), if they've been paid back for that, I can't see them having a claim. Any work of a certain calibre that your missus put into the house could increase her 'share' of the property, however any work her parents did on the property was not done in contemplation of them receiving any greater value or being entitled to any profit. They were not part of your 'partnership', they were simply contributing to help you both out. I haven't researched this side of things, but I am pretty sure that there is no way they could successfully argue anything in court (if you think they'd push it that far). As someone else mentioned, get an experienced lawyer to draft up a good agreement that sets out its justification, etc.
MadDocker
19-03-2013, 07:38 AM
Make an excel spreadsheet detailing both of your contributions to the mortgage from the start. Make it as accurate as possible. Include her parents 20k in her column. Work the percentage out at the bottom. Hopefully you've paid more than 50%. If so, send this to the parents and say you are happy to split 50/50 to make it easy on everyone and their 20k will have to be worked out with their daughter out of her share as its out of her contribution. If they aren't happy with that, revise the spreadsheet taking the 20k out of her contributions. Work out the percentage paid and say you want the split to reflect the contributions (eg 65-35) with the 20k taken out first. If they dont agree, you have something to take to a lawyer.
Once everything is settled, take a shit on thier doorstep.
Yarms
19-03-2013, 09:03 AM
Cheers fellas I have worked out I have paid $87k in just repayments . Which is 80%. . I want to do the right thing by my ex as there is no friction between us. But Yeh her pingpingpingping of a mum is making it hard.
MadDocker
19-03-2013, 09:06 AM
If that's the case, document it properly, make the offer of a 50-50 split if that's what you're happy to accept and get it agreed to in writing while you can. Once that's sorted it should be easier.
Don't forget to shit on their doorstep for fucking you around.
d1mitch
19-03-2013, 09:09 AM
from the way i read it the 20k is the daughters savings, and the parents loaned 70k which they will be paid out on settlement, and the deadshit parents are just going in to bat for the daughter to unfairly get her 20k plus even split of whats left over correct?
so in reality as you have been paying 80% of the mortgage it should balance out her initial 20k cash contribution. so they can go get fucked.
like mad docker said set up a spreadsheet and document all payments from day 1 and balance it out from there. i think you would have to include have your ex's repayments on the 70k loan too as essentially that is part of the house cost and she was contirbuting to that instead of the mortgage
they cant claim extra dollars because they helped you out with stuff though, otherwise all your mates who have ever helped out with anything could lay claim too, thats just crap.
d1mitch
19-03-2013, 09:11 AM
Cheers fellas I have worked out I have paid $87k in just repayments . Which is 80%. . I want to do the right thing by my ex as there is no friction between us. But Yeh her pingpingpingping of a mum is making it hard.
how much has she contributed inlcuding the 20k and the payments on the 70k loan from her parents (obviously the blance of which will be paid out on settlement)?
Yarms
19-03-2013, 09:15 AM
Yeh you got it Mitch.
crabman
19-03-2013, 09:24 AM
Any thoughts of living with current missus just boarded a one way imaginary rocket to the Sun. I don't want to deal with this shit ever again.
Sebdullah
19-03-2013, 09:53 AM
Wait it out, pay her out, then tell the parents to taste a big veiny bag of the finest dicks
If I ever get another bitch ex, can you please deal with her :P
coucheee
19-03-2013, 05:23 PM
My parents contributed money to my brothers house to help fix it up to a liveable/sellable state, they broke up, this money was not a factor in court and was my brothers problem to repay even though it contributed to getting a higher price at time of sale. so if her parents lent her money to help with the house id see that as being her problem.
Yarms
19-03-2013, 05:50 PM
Yer. But im not making any cash . Getting just over half of what I've spent. My ex is getting every dollar back . Her parents did work out of kindness for their daughter . That's how I see ir
31-EVO
19-03-2013, 05:57 PM
If I ever get another bitch ex, can you please deal with her :P
With pleasure
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