Hey lovelies, I'm just wondering has anyone had any luck with going to court for property? My ex stopped paying the amount he agreed to since I left and is paying $210 pw less. The banks going to sent out default notices in the next week or so and we have a guarantor. What I want to know is has anyone had success on the first court date getting the judge to rule it's to be sold? At this point I don't want anything else from him financially. I just want the house sold so my family aren't impacted if it gets repossessed. He's refused to sign two different contracts and he cancelled insurance on the house. I took it out and he had numerous reminders leading up to the second payment being due and he didn't put it there in time and said sorry I've been busy You'll understand you've been to busy for me to see my daughter which resulted in an overdraft fee. He cancelled his visit and I offered 3 different times which he couldn't do so he than didn't put the money there for the insurance. I've asked him to put the money in for the overdraft fee so that when the next payment comes out there will be enough. He won't put that money into the account. He hasn't paid child support its now in arrears as well.
I need this house sold so I'm not paying money for it as I financially can't afford to and so my family don't bear any financial liability because they are guarantor.
So I guess my question is has anyone had success in getting the judge to rule at the first court date that the house be sold for X amount or given one party (me) the ability to sell it without his signature? I'm asking because just for the first court date it's $5000 and each court date after that is $3500-$5000 which is financially going to put me in even more financial hardship. There's also domestic violence orders and I'm unsure if any of that comes into it as well. I've got an appointment with the lawyer next week but just looking for offers experiences. I'm in Queensland as well.
Judge ruling sale at first court date
Judge ruling sale at first court date
Posted in:
Relationships & Marriage, Money
6 Replies
Ok what happened in my sisters 1st court date (different matter) was a sudden negotiation and agreement 1/2hr before the case was called. Basically her exes lawyer and barrister told him he was being a dick and made him sign off on a bunch of stuff that was pretty obvious!
The first date didn't cover everything but exactly the same thing happened.
Hmm I'm not sure that he would change his attitude. It's the type of person he is. It's making it really hard to finalise things. There's no need for what he's doing. Two contracts he's refuses first more money second not happy with visits with daughter. My family were going to give me cash we were going to give him $5000 to sign the bloody contract and he still refused even tho his first excuse was more money.
I just need a judge to rule it gets sold ASAP as I don't want my family to suffer but I also don't have funds to be going back and forth to court at $3500-$5000 each time ? If we were making money from the sale awesome but we will barely get back what we need to cover. He left the house filthy like I wouldn't even want my dog to live in that. I cleaned it. No thanks no nothing from him just him laughing saying I clean that's the funniest thing he's heard all year ?
I just need a judge to rule it can be sold as I don't want to screw my credit rating and j also don't want my family to suffer
I work in law, not as a lawyer but in law. We deal with this on occasion. Yes, the judge has made orders on the first court date for all the matters we have done relating to this to have the house sold. You can prove he is trying to stop the sale. Just ensure that all your material is solid, give solid evidence and that he is using it as a leverage because he's bitter about other matters. I believe I've seen you post in previously about the house.
Go for it, you have nothing to lose and most likely a lot to gain. The only way it would not be resolved on the first court date is if he can show evidence supporting him that he has tried to have the house sold and you've denied that, which from what I'm reading I highly doubt that.
He wouldn't have anything solid for me not wanting the house sold. That's been my ultimate goal for awhile but he's just prolonged the process. It took me just over a year to get him to sign for it to go on the market.
I've got numerous text messages and voice recordings stating everything. I've tried everything possible and he's saying he's paying half the mortgage payment but he sure isn't he's paying less. He moved out to "save" money. But he moved out once I changed the domestic violence order to no contact is when he decided he'd move out and not pay what he had been paying for over 1.5 years.
I did speak with one lawyer today he reckons that a judge won't order on the first court date ? I thought given everything a judge would. I'm not trying to screw him over or anything I just want the house sold and anything made split 50/50. I can't be bothered with fighting for his stuff it's no benefit to me I just want it to be finalised. I thought given he's refused that I might get it ruled first time. He's even been rude to the real estate agent. She now won't phone him she phones me. Finding a decent lawyer has proved difficult
My family are thinking about offering him a larger amount and then refinancing it into there names. What shits me is he doesn't deserve the cash ? But I don't want my family to be dragged through this financially and ATM financially them giving him a bigger amount is cheaper than the lawyer is telling us the fees are ?
Great news, I am so glad you are getting everything sorted. Hopefully one court appearance is all you need, he's obviously dragging it out because it's the only power he has over you, he enjoys seeing you distressed. House sold equals no more leverage, you will be free soon. Make sure you are strict with visitation, you can't be flexible with a person like him, give an inch, he will take a mile and no feeling guilty for setting boundAries.
I am at the point strict boundaries are in place and I'm not budging. I've tried being nice and him taking extra hours at work me rescheduling but he knows is visit time if it was court orders it would be too bad you miss out.
Yes he is just trying to control me and the situation and try to use it to get what he wants. But I'm slowly getting there and it no longer has a hold one me that it used to. I had another lightbulb moment the other day and things slowly affect me less. I can't wait for the day I'm free. My divorce is final soon too we all say we're having a divorce party ?