Forth and Hoddle

[2008] FMCAfam 1318

FEDERAL MAGISTRATES COURT OF AUSTRALIA

FORTH & HODDLE [2008] FMCAfam 1318

FAMILY LAW – Property – alteration of interests – long marriage – long separation – application for reverse mortgage – husband does not need any property – modest house only asset.

Family Law Act 1975, ss.75(2), 79, 79(4), 81

Hickey & Hickey [2003] FamCA 395
Stevens & Stevens (2005) FLC 93-246
Mallett v Mallett (1984) FLC 91-507
Pierce & Pierce (1999) FLC 92-844
Louth v Diprose (1992) CLR 621
H & T [2002] FMCAfam 209
Russell v Russell (1999) FamCA 1875
Best & Best (1993) FLC 92-418

Applicant: MS FORTH

Respondent: MR HODDLE

File Number: TVC 828 of 2007

Judgment of: Coates FM

Hearing date: 17 July 2008

Date of Last Submission: 25 September 2008

Delivered at: Cairns

Delivered on: 10 December 2008

REPRESENTATION

Counsel for the Applicant: Mr L Leotta

Solicitors for the Applicant: Legal Aid Queensland – Mackay

Counsel for the Respondent: Mr P Cullinane

Solicitors for the Respondent: Porter Hulett

ORDERS

1. The husband’s response filed 16 June 2008 is dismissed.

2. Both parties are to take all necessary steps to transfer the marital home situated at Property S, Mackay, in the state of Queensland, described as Lot [1] of Registered Plan [7], County [omitted], Parish of [omitted], to the name of the wife.

3. If either party refuses or neglects to sign any documents that are necessary to give effect to the terms of this order within 48 hours of being presented to the party or their solicitor, pursuant to section 106A of the Family law Act 1975 the registrar of the Federal Magistrates Court at Townsville be appointed to execute all such documents on behalf of the party refusing to sign.

IT IS NOTED that publication of this judgment under the pseudonym Forth & Hoddle is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MACKAY

TVC 828 of 2007

MS FORTH

Applicant

And

MR HODDLE

Respondent

REASONS FOR JUDGMENT

1. This is an application by the wife to have the marital home transferred to her sole name or in the alternative, for orders giving her a beneficial or equitable interest in the realty in fee simple, pursuant to a species of trust based on her contributions.

2. In response the husband seeks orders for:

   a)Withdrawal of the wife’s caveat on the marital home;

   b)The parties to hold their interest-as-tenants in common in equal shares;

   c)The wife to occupy the home until ceasing to occupy it for a month, her death, any notice she gives to sell the home, failing to adequately insure the home, failing to pay rates or failing to treat it for termites.

3. He also seeks orders which would allow for what is known as a reverse mortgage against the property.

4. He seeks orders to have documents signed by a registrar if the wife refuses to comply with an obligation under his orders.

5. In the alternative he seeks that the home be sold and the net proceeds…