Director of Hamilton Legal
So, why would you need a property lawyer as part of your family law process?
After working closely with your family lawyer, you will finalise Court Orders which will be your agreed position on the division of property between separating parties.
Depending on what you agree to, it may be necessary to transfer property to one party. In that instance, the person receiving the property may need to refinance a joint mortgage, or even sell the property (depending on circumstances).
That is where Hamilton Legal becomes involved.
They can assist to implement your obligations set out in the Court Orders by transferring (or assisting you with the sale of) any property necessary. They are experts in dealing with property settlements, and in dealing with banks. They also understand the statutory requirements of the Queensland Titles Office and the Office of State Revenue that relate to property being transferred pursuant to Court Orders.
If you are the party receiving a cash settlement instead of property, in time you may also wish to make another purchase, which Hamilton Legal can help you with.
Most people are not familiar with the complexities involved with refinances, discharges and banks these days. Unfortunately your bank’s requirements can be quite involved, such as requiring the production of transfer documents or change of name evidence prior to any refinance loan application being approved.
Hamilton Legal can take the stress out of this process and liaise with your ex-partner’s solicitors, advise on discharge requests and forward them to mortgagees. They can also advise on your bank’s refinance requirements, witness mortgage documents, book settlements, and provide all assistance necessary to ensure you adhere to the strict timelines involved in your Court Orders.
If you breach the timeframes in the Court Orders, it may result in default interest being payable by you, or even more problematic, the Court may take over and automatically sell or transfer any property involved. The powers of the Court will be detailed in your Court Orders, which are prepared in agreement by your family law solicitors.
Hamilton Legal are there to help.
Toni Perkins and her team can assist you to finalise all your property transfer, sale or purchase needs. They recommend you contact them as soon as your draft Orders are finalised, as many transactions necessarily require more time than is provided for once the sealed Court Orders issue, due to the bank’s requirements.