Caveats and Legal Aid

[~vjay~]

Dilemma..

I have a joint mortgage and I want out of this relationship.

Sounds simple right, well, the thing is, Legal Aid made me sign a caveat on the house on condition of funding my court case (they also gave my ex money while he was working cash in hand to take me to court but thats another story)

Hypothetically, I move, house sells, do they take whatever they want out of the whole house profits after sale?, or just out of my half since I am joint owner?

I would even be willing to sign my share of the mortgage over to the partner if I was able, caveat and all and leave with nothing just to get away from here, money for me isn't the issue, finding a good way to keep the peace is foremost, then working out how to go about sorting out all this mess.

Anyone have a clue?

[Sagacious]

Dilemma..

I have a joint mortgage and I want out of this relationship.

Sounds simple right, well, the thing is, Legal Aid made me sign a caveat on the house on condition of funding my court case (they also gave my ex money while he was working cash in hand to take me to court but thats another story)

Hypothetically, I move, house sells, do they take whatever they want out of the whole house profits after sale?, or just out of my half since I am joint owner?
The caveat would have to be released before the House could sell so the money technicallyt would have to come out of the settlement proceeds before anything else. However if he has a half decent lawyer or if there is a Judge making the order for the sale and apportionment of the proceeds on the house then whilst the release of the caveat might be funded by the settlement proceeds they would be accounted for out of your share of the nett proceeds.
I would even be willing to sign my share of the mortgage over to the partner if I was able, caveat and all and leave with nothing just to get away from here, money for me isn't the issue, finding a good way to keep the peace is foremost, then working out how to go about sorting out all this mess.

Anyone have a clue?

Caveat is only the security for your legal aid debt and walking away with nothing doesn't extinuish your obligation to repay Legal Aid. At least that's how it works in Queensland.


Good luck

[~vjay~]

*jaw dropping read ahead*
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Just got a letter in the mail today, I owe them $16,408 :o

[Sagacious]

*jaw dropping read ahead*
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Just got a letter in the mail today, I owe them $16,408 :o
how is that calaculated?

Are your proceedings completed.

In Queensland there is a cap on funding of $10,000.00 because the Family/Federal Court proceedings grants are predefined and fixed to get to $10,000.00 of Legal Aid you are talking of going to a full trial of up to say 3 days.

[~vjay~]

This was a case that took over 2 years and last month(22nd August) went to full trial.

The letter says it is completed(Thanks god for that lol)

I don't know exactly how they calculate what I owe them at all.

[Sagacious]

This was a case that took over 2 years and last month(22nd August) went to full trial.

The letter says it is completed(Thanks god for that lol)

I don't know exactly how they calculate what I owe them at all.
You should ask them how in writing.

[~vjay~]

You should ask them how in writing.

I may just have to do that shortly.Thanks :)