Bennett Carroll Solicitors CEO, Guy Gibbons answers frequently asked questions when "Making an offer on a property".
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Tuesday, 28 February 2012
Surviving your divorce: Chapter 3: The Strategy And Initial Demands
1. HARDBALL VERSUS SOFTBALL
Your Lawyers should talk with you about the overall strategy to be employed in this matter. Many factors influence this including your circumstances and personality, those of your opponent, what is at issue, and the approach most likely to allow you to reach your goal quickly and simply. The initial piece of contact (the first demand); will be tailored towards this end.
2. WHAT IF MY PARTNER WON’T NEGOTIATE?
Many times emotion gets in the way of resolving these issues and one party will respond irrationally or simply won’t respond at all. This can make matters difficult, costly and drawn out. This is the wrong way to navigate quickly and successfully through this process.
Remember, thinking clearly and logically and remaining focused on the goal will always beat a wild emotional response or a refusal to engage in the process.
If your partner will not negotiate, a more formal process forcing him or her to engage in a resolution, will need to be started.
The Court process should be the last resort, but you should not be frightened of taking that step if you are not getting anywhere.
A long-winded series of correspondence which is not resolving the issues, and serves no purpose, simply wastes time and money. You will reach a time where it is obvious that matters are not going to be resolved by negotiation.
Once you have stated your case and tried to get a resolution through exchange of views, there is no purpose in continuing.
Having said that, commencing the process of court action does not mean you are going to have to go all the way to a trial. This may be necessary to make you Ex realise this is serious and that you are prepared to take action if no agreement is forthcoming.
If that is the case, starting the Court process is a step forward.
3. TRICKS TO SECURE PROPERTY
One of the things that often makes decisions difficult and stressful when a relationship can no longer be maintained, is the thought of losing occupancy of the home.
You may have children to think about and cater for. You may have a concern that, if you leave the house, you will lose control of the major asset you own together.
The first thing to do is to check on who actually owns the house, so far as the Titles Office is concerned.
It is still quite common for the house to be in the name of only one party. If this is the case you may need some help to secure the property against it being sold without your knowledge. If the property is in your name, even partially, you do not need to worry about it being sold without your knowledge. So long as your name is on the Title somewhere, you will need to be consulted about a sale.
There are several other things that can be done to secure property which may assist:-
1. Caveat
This is a notice given to the Titles Office, which will then put a small notation on your Title Deed, which will prevent the property from being sold for a period of 3 months. This will allow you time to obtain either an undertaking about sale, or an order that the property not be sold without your knowledge.
2. Application for Sole Use
This is an application in Court for an order that your Ex vacate the property and leave it to your use. These orders will prevent your Ex from coming onto the property without your knowledge and consent. This is most often done when there are children involved, but there are other issues to be considered.
Control of Bank Accounts
It is essential that you seek advice early about the control of credit balances in bank accounts. In certain circumstances, it is perfectly in order for you to remove funds from an account to cover living and other expenses, to the detriment of your Ex. These monies will of course have to be accounted for and adjusted in final distribution, but can solve a lot of problems in early months of a separation.
When looking at adjusting a percentage split in favour of either party, Lawyers and the Courts will look at the following check lists:-
(i) The actual equity of the assets (the amount left over after all the debts are paid).
(ii) Financial and other contributions of both of the parties.
(iii) Future economic prospects of both the parties (can you stay in or return to the workforce and if so how soon and how successful will you be).
(iv) The health problems of either party.
(v) The needs of children and their effect on the parties’ ability to support themselves and those children.
(vi) Superannuation.
(vii) Age and other factors that might affect the future prospects of the parties;
more about this later.
Sunday, 19 February 2012
Going to Auction- Conveyancing Advice from a Lawyer
Bennett Carroll CEO, Guy Gibbons answers frequently asked questions about "Going to Auction".
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