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Discussion in 'Introductions' started by Stace, 19th Dec, 2016.

  1. Stace

    Stace Member

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    Hi everyone, I'm sure this will be a simple question to answer, but I just needed to clarify. I'm at the end of a messy divorce settlement, well hopefully anyway. I'm a single mum struggling to make ends meet until settlement happens. My ex is buying me out of the family home and we are at the stage of him finalising his finance etc. He has dragged this out for 3 yrs now. He has said that his solicitor is waiting on me to sign and hand over the transfer documents before anything further can happen. I was under the assumption that this happened at settlement. Can someone please let me know the normal process?
     
  2. larrylarry

    larrylarry Well-Known Member

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    Every relevant document has to be prepared before settlement including transfer. Is this settled by consent? Did you have legal advice on your property settlement? I take that you settled this at conciliation conference?
     
  3. Stace

    Stace Member

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    I have been unable to contact my solicitor today to ask him. I have signed the document and my solicitor holds it now. I didn't think it got handed over until settlement day when funds are handed over to me
     
  4. larrylarry

    larrylarry Well-Known Member

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    Speak to your solicitor. Settlement should happen late or early February subject to the number of days agreed to.
     
  5. Stace

    Stace Member

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    Yeah I'm just wondering if its normal to be asked to hand over the transfer docs before settlement? Isnt that handing over ownership without getting the $$$
     
  6. thatbum

    thatbum Well-Known Member

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    Shouldn't you know exactly when you're getting your money? As in it should be on your consent orders?
     
  7. Stace

    Stace Member

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    Yes it was but he hasnt followed through with the consent orders so its been a bit of a mess. I'm not really needing to know when settlement will be.just if its normal for the transfer to be handed over at time of settlement or beforehand like they are requesting
     
  8. larrylarry

    larrylarry Well-Known Member

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    You need your solicitor to explain the process in detail tomorrow. You should have a copy of the consent orders.
     
  9. Stace

    Stace Member

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    I will talk to my solicitor tomorrow. Just wanted a bit of an idea of the process. He has gone against the consent orders anyway so I'm not relying on whats in them. Just hoping he follows through on whats been agreed since.
     
  10. thatbum

    thatbum Well-Known Member

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    While I don't know the specifics of your matter, its hard for me to see what the problem is with handing over the transfer documents 'early'. I imagine your consent orders provide for you to be paid concurrently as the transfer, or not too long after.

    I assume if your ex didn't come up with the money and still did the transfer, that you would be able to slap a caveat on the property faster than he could do anything with it, as well as follow up with contravention proceedings in the family court.
     
  11. JacM

    JacM VIC Buyer's Agent Business Member

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    Hi @Stace

    It won't be "you" that personally hands over the transfer document. Your solicitor will hand it over on your behalf at the relevant time.