Forums > General Discussion   Shooting the breeze...

property Legal advice

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Created by Krusty > 9 months ago, 19 Mar 2018
actiomax
NSW, 1575 posts
24 Mar 2018 11:21AM
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**** I wish I had of know that .

Tequila !
WA, 876 posts
24 Mar 2018 12:17PM
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stamp said..

novetti said..


FormulaNova said..



novetti said..


The courts are rigged towards women in any property dispute. Period.







Are you sure about this?




Where do you live? In the Middle East?

In Australia family courts is happening everyday. Fact. Kids or no kids involved women are looked after by the penguins.

He will need a lawyer if the other party escalates but only until then an amicable agreement would be way more profitable for both.

If she has her own entourage of advisers (previously divorced women friends/colleagues) lawyers will be keen on the next trip to Monaco to sip Champagne...



novetti; that's not "fact", that's absolute bull****, along with the rest of your post....i'm lawyer and the closest i get to a holiday sipping champagne at monaco is eating a monaco bar ice cream while drinking a stubbie on a camping trip up the beach.

krusty; stop being such a tightarse and go get an hour's legal advice so you know what your real options are and how this will play out. you're already digging yourself a big legal hole by making offers to her. these will come back to bite you if this ends up in court. or if you really are too tight then go see a community legal service for a free 20 minutes' advice. a good lawyer will help you settle this by consent with a minimum of cost. as a start - if you settle via consent orders then stamp duty is not payable.



ding ding ding we got a lawyer out of the woods here...

Your second paragraph sums up the shaite fight something simple like this dispute becomes the battle of the worlds when we get your gang involved.

Krusty is young, probably with only a few years in the job market, and you calling him a tightarse just because he is over the fence again just demonstrates if the whole society could live without the ''necessary evil'' from lawyers and courts we would all be better.
Your lawyers are indeed a special breed.




HENDO 77
WA, 285 posts
24 Mar 2018 7:58PM
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Once bitten twice shy .
Best of luck buddy
Get some cash and bail , even if you lose a bit

Harrow
NSW, 4521 posts
25 Mar 2018 11:10AM
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Think of a price that you'd be happy to sell the unit to her for. Then offer to buy it from her for that price. When she says "It's worth more than that!", you reply "Well, I guess that means you'd be more than happy to buy it from me for that price."

I've used variations on that theme a few times.

Chris 249
NSW, 3301 posts
26 Mar 2018 8:40AM
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Select to expand quote
novetti said..


FormulaNova said..



novetti said..


The courts are rigged towards women in any property dispute. Period.







Are you sure about this?




Where do you live? In the Middle East?

In Australia family courts is happening everyday. Fact. Kids or no kids involved women are looked after by the penguins.

He will need a lawyer if the other party escalates but only until then an amicable agreement would be way more profitable for both.

If she has her own entourage of advisers (previously divorced women friends/colleagues) lawyers will be keen on the next trip to Monaco to sip Champagne...



It's not just a woman v man issue. It's almost impossible for a court to split the typical income and assets and give each partner enough. Women can end up losing out too. My mother was widowed when she was pregnant with her fourth child. Decades later, after she had been great with saving and investing money all her life, one of my stepfathers ended up carting off a very nice settlement because although he had been in the same job as she was, he had blown his pay when she was investing hers.

The courts are in an impossible situation. If they try to look at each case in isolation then they are abused because they lack consistency. If they try to be consistent, they are abused because they don't look at each case in isolation.

There's just no way for a bitter divorce to leave both parties happy.

Calling Krusty a tightarse may have been unfair, but he really should at least go to a local legal centre. This sounds like a matter where family law may make things very complicated.

Chris 249
NSW, 3301 posts
26 Mar 2018 8:42AM
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busterwa said..
Bunnings?









You're advocating murder? That's not a joking matter.

Do you know anyone who has ever got involved with someone who thinks murder is OK? Have you ever met anyone who has later been murdered by their husband?

One woman a week is killed by her partner in Australia. There's jokes, and there's stuff that is so tragic and so common that it's not a joke. If you think it's funny you should go and laugh at the funeral of one of them one day.

myusernam
QLD, 6114 posts
26 Mar 2018 10:40AM
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isn't there arbitration before you og the full lawyer v lawyer?

and if you're both on the title and both on the mortgage then you own half?

Chris 249
NSW, 3301 posts
27 Mar 2018 7:34AM
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Select to expand quote
novetti said..

stamp said..


novetti said..



FormulaNova said..




novetti said..


The courts are rigged towards women in any property dispute. Period.








Are you sure about this?





Where do you live? In the Middle East?

In Australia family courts is happening everyday. Fact. Kids or no kids involved women are looked after by the penguins.

He will need a lawyer if the other party escalates but only until then an amicable agreement would be way more profitable for both.

If she has her own entourage of advisers (previously divorced women friends/colleagues) lawyers will be keen on the next trip to Monaco to sip Champagne...




novetti; that's not "fact", that's absolute bull****, along with the rest of your post....i'm lawyer and the closest i get to a holiday sipping champagne at monaco is eating a monaco bar ice cream while drinking a stubbie on a camping trip up the beach.

krusty; stop being such a tightarse and go get an hour's legal advice so you know what your real options are and how this will play out. you're already digging yourself a big legal hole by making offers to her. these will come back to bite you if this ends up in court. or if you really are too tight then go see a community legal service for a free 20 minutes' advice. a good lawyer will help you settle this by consent with a minimum of cost. as a start - if you settle via consent orders then stamp duty is not payable.




ding ding ding we got a lawyer out of the woods here...

Your second paragraph sums up the shaite fight something simple like this dispute becomes the battle of the worlds when we get your gang involved.

Krusty is young, probably with only a few years in the job market, and you calling him a tightarse just because he is over the fence again just demonstrates if the whole society could live without the ''necessary evil'' from lawyers and courts we would all be better.
Your lawyers are indeed a special breed.






By the way, if this is such a simple dispute so easily solved, why is Krusty asking about how to solve it and why has no one come up with a perfect solution yet?

Adriano
11206 posts
27 Mar 2018 5:17AM
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Harrow said..
Strongly advise against the approach suggested by Marsbars. The only winners there are the lawyers.

Take a modest loss and walk away. I watched a friend and her ex-partner dump $280,000 on legals in a bitter battle to split the proceeds of a house worth about $850,000. Damn lawyers saw them coming a mile away and kept them at it for months.

I agree. There's free mediation services available. Take the money and allocate yourself a small reward for being disciplined and principled, like a short holiday on a party island. Maybe find a new girlfriend on party island, or just do some yoga or something you like for a week or so.

Better than rewarding lawyers for doing a crap job any day.

Main
QLD, 2327 posts
25 Apr 2018 2:46PM
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so what happened ?

jackforbes
WA, 530 posts
25 Apr 2018 6:22PM
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Main said..
so what happened ?


Thanks for bumping, i'd forgotten about this thread!

i would quietly stop my mortgage payments and hopefully the bank repossesses the place... your credit is tanked and you've lost a lot of money, but at least you have a moral win

Krusty
NSW, 441 posts
26 Apr 2018 9:52PM
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I agreed to taking my share of contributions with an additional small sum to compensate for my loss of the first home buyers grant, so if everything goes to plan I should get out of this relatively ok. I'm definitely going to wether some financial loss but in the end I'll make that up in the future significantly with the knowledge I've gained from being bent over and f@@ked like this. My only current concern is that I've been waiting for a month now to have all the documents prepared and ready to sign, so I'm wondering if she's been able to get the place refinanced? This bits quite frustrating as I'd like to have that tie completely removed ASAP, and if something is not brought forward within the next few days I'll have to change tactics again as I think she's had plenty of time. It's unfortunate for her that she was too stubborn to agree with my original offers but in hindsight now with my emotions removed, I'm far better off leaving the mess as far behind as I can, she can bury herself in the mortgage debt and I can look at using my cash for a far more beneficial investment for myself. Also on the plus side I'm dating 3 far more attractive women and enjoying myself surfing and hanging out with my friends and family again, so in the end it seems I'm actually happier.

Buster fin
WA, 2575 posts
26 Apr 2018 8:01PM
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Winning already!!!

FormulaNova
WA, 14529 posts
27 Apr 2018 5:08AM
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Krusty said..
I agreed to taking my share of contributions with an additional small sum to compensate for my loss of the first home buyers grant, so if everything goes to plan I should get out of this relatively ok.
....

My only current concern is that I've been waiting for a month now to have all the documents prepared and ready to sign, so I'm wondering if she's been able to get the place refinanced?



Yeah, maybe that will be the next interesting bit. Wanting to have complete ownership is one thing but having to pay the other person out is a different matter. If you are getting all your contributions back, she is effectively trying to get the bank to agree that the value of the place has gone up by the equivalent amount, and she wants that equity back as cash.

That's probably a hard ask as most of your repayments are interest, and having the property go up by the same amount might be possible, but paying out that equity so early might be a bit unpalatable for the bank if it leaves the LVR on the wrong side.

Of course, what she really wanted was you to just give her everything and sign it all over for free...


Krusty
NSW, 441 posts
27 Apr 2018 8:27AM
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From my understanding, I believe she is borrowing a chunk of cash from her parents. I think this will also be used to help the LVR value, and get some willingness from the bank, but here I am still waiting, so who knows?

This was also my only option to buy her out, but I soon realised that doing this was not fair on my parents. They were willing to help me out, but I wasn't willing to take their hard earned for my property squabble.

FormulaNova
WA, 14529 posts
27 Apr 2018 6:48AM
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Hopefully she gets the money and you are all square.

Thinking about it, what she is trying to do is quite expensive. It seems easy when you just compare the potential value of it today versus what you paid for it, and then look at the potential price in the future.... but the cost right now is something to consider as well.

If you have to pay back part of the repayments for 7 months and some additional cash on top, you are relying on the property increasing by at least the bank's interest rate.

I am a bit sceptical of the property market in Sydney. Already there has been a bit of a drop in price, probably caused by the tightening on investment loans. Once that drops, people start to realise that the gains they were seeing were based on speculation.

Now, at least from what i can see, there are a lot of apartments coming online from the building boom over the last couple of years, so supply will be increased, which may lead to prices stagnating for a while.

actiomax
NSW, 1575 posts
27 Apr 2018 10:06PM
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Keep up the good work bro .
I see your dating 3 new girls if thats 1 or 2 too many send her my way .lol
As I said to the apprentice there is plently of fish in the sea .
He said its not just the smell i miss
Seriously if u come out with the shirt on your back your doing better than 99% of others



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Forums > General Discussion   Shooting the breeze...


"property Legal advice" started by Krusty