Legal Question in Family Law in Australia
Propertie settelment
I am typing this on behalf of my mother and also wanting to know my self.
My mother and her ex defacto both own propertie on the Gold Coast and a little town in Blackbutt Queensland.
My mother has had extreme problems with both her defacto and his brother, her ex defacto want's to keep the propertie on the Gold coast and sell the house in Blackbutt, though my mother want's to keep the house in blackbutt because that is where she resides. So she has told him that he can keep the propertie on the gold coast because she has no intentions of wanting anything from it, even if he sells it she wants nothing from it. Both of there names are on both of the propertie and she is more then willing to sign the propertie on the gold coast over to him, but she wants to keep the propertie in blackbutt.
He has had a soliciter send her a letter, offering her $40,000.00 for the propertie in blackbutt, but she has declined it. He has also made threates to the point where my mother has had to put a restraining order out on him where he is not allowed to go near the Blackbutt propertie, she is afraid to leave the house incase he moves her stuff out and moves himself in and there is nothing she can do about it because the house is in his name to.
2 Answers from Attorneys
Re: Propertie settelment
You need to litigate in a partition action -e-mail me.
Re: Propertie settelment
Provided your mother has enough property entitlements under the Propety Law Act, she should be able to retain the Blackbutt property. Normally the court will enable a party to keep property they want, provided they have sufficient entitlement. She should not be bullied and if she has not done so should obtain legal advice immediately both as to her entitlements and as to whether the protection order is adequate. By all means phone me to discuss.
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