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July 26, 2012



I need some advice. A firned of mine is in trouble. He split up with his parnter of 16 years (2 children) 29 months ago. She left him and took the children. He pays all required child support and she left with everything including the car. They still have a house together. He has always paid the repayments on this house from his personal bank account. They have spent the last 12 months or so with solicitors. He offered to sign the house over to her for no money. She declined. He wants the house sold and split the profit (which is not alot) she declined. So now he is stuck with a mortgage he is just coping to pay for and he just wants it gone. He doesnt have the money to pay her out but he doesnt want the house either. Is she allowed to do this to him. He is paying all the bills for the home and child support and is struggling to survive. She refuses to go to the solicitors to sort this out. What should he do? He can't keep doing this.


Hi Nik, it is nice of you to care about your friend. This sort of thing hepapns a lot, where one party just won't or can't move on to finality. Fortunateky the Family Law Courts operate so that one person can bring matters to a head even if the other party refuses to co-operate. If your frind applies to the court , it still may6 be some time before he gets a hearing, so he should do so and get the ball rolling. If he reaches anb agreement after he has filed court documents, then the Court proceedings can be finalised with consent orders. I find there isnot much difference in cost between long winded and one sided negotiations such as you describe and actually doing the court documents and filing in the Court. At least then if she doesn't reply, you can et the Court to look at it and possibly make orders for what you are asking the other party to agree to. Hope this helps,kind regards Lynette

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