Austrian law suit

[mikemorcom]

I have lost nearly €200000 having a house built with my Austrian ex-girlfriend. I have all Bank Statements showing transactions over the 3 and a half years I was there, signed witness statements (Inc 2 builders), materials receipts, photos of work done etc. I approached many Austrian solicitors who were interested in my case but unfortunately they cost nearly €1000 per hour. I have lost my inheritance from my father and from my divorce settlement.
I tried using Finance Companies and unlike the solicitors who said I had an 80 to 90% chance the Finance Companies said that my chance was under 50% and anyway the case would be too expensive and take too long to finance.
I need a solicitor who will take me on a "No win no fee" basis. HELP!!!!!!

[Amethyst]

Re: Austrian law suit

Is the house completed ? Does your ex-girlfriend live there ? and what is the current legal ownership of it ?

[mikemorcom]

Re: Austrian law suit

Yes the house has been completed. She still lives there ... She is the owner... I was very much in love and we had only made a verbal agreement where if the relationship was broken then she would pay me what she could afford.. no such offer has been made... I feel such a fool and also much poorer than I should...

[nemesis45]

Re: Austrian law suit

Hi,

What's the background to the loss please?

nem

Sorry posts crossed.

[Amethyst]

Re: Austrian law suit

Ouch. Well we live and learn ( hopefully ).

Verbal agreement is plenty however it sounds a tad vague.

Were you building the property as a home for you both ( as a family home) or were you financing her building her own home ?

What's her financial situation ? ( as far as you are aware )

any kids involved ?

[mikemorcom]

Re: Austrian law suit

She ran out of money having used an expensive useless builder. My divorce money and inheritance came in at this moment. ... The house was for us... I found out later that she was not the owner of her lakeside holiday house... She had been disinherited and it belonged to her daughter! Luckily I had spent less than €10000 on that house. She had a full-time job working as Chief of Finance in one of the large hospitals in Vienna ... I was paying her €too per month as half her mortgage when I was only earning €1200 per month as an English Native Speaker teacher... I was also helping her with €200 per month towards her new car and utilities... Christ I was a fool... how can she be allowed to get away with all this?

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I have lost nearly €200000 having a house built with my Austrian ex-girlfriend. I have all Bank Statements showing transactions over the 3 and a half years I was there, signed witness statements (Inc 2 builders), materials receipts, photos of work done etc. I approached many Austrian solicitors who were interested in my case but unfortunately they cost nearly €1000 per hour. I have lost my inheritance from my father and from my divorce settlement.
I tried using Finance Companies and unlike the solicitors who said I had an 80 to 90% chance the Finance Companies said that my chance was under 50% and anyway the case would be too expensive and take too long to finance.
I need a solicitor who will take me on a "No win no fee" basis. HELP!!!!!!

[Openlaw15]

Re: Austrian law suit

I have lost nearly €200000 having a house built with my Austrian ex-girlfriend. I have all Bank Statements showing transactions over the 3 and a half years I was there, signed witness statements (Inc 2 builders), materials receipts, photos of work done etc. I approached many Austrian solicitors who were interested in my case but unfortunately they cost nearly €1000 per hour. I have lost my inheritance from my father and from my divorce settlement.
I tried using Finance Companies and unlike the solicitors who said I had an 80 to 90% chance the Finance Companies said that my chance was under 50% and anyway the case would be too expensive and take too long to finance.
I need a solicitor who will take me on a "No win no fee" basis. HELP!!!!!!

Hello Mike

This property is in Australia right and was built to live in rather than a commercial investment? Australia likely has the same principles of property law as England given all property laws came from England and the principles are not likely to be so different. Did you protect your interest in that property such as transferring any interests by (deed), ie a legal interest. Alternatively has your ex girlfriend protected her interest? You say she still lives there and she is the owner, how is she the owner? How much did you contribute to this property and how much did she contribute? Is the property worth 200,000 euros? or Aussie dollars? Is the property solely in her name if so it would seem she is the legal owner and you have an interest in the property probably through on implied trust (she holds the property on trust for you). Do you have any children together who also live in the property? How long have you held the property for?

"I was very much in love and we had only made a verbal agreement where if the relationship was broken then she would pay me what she could afford.. no such offer has been made."

Hmm, lovers don't think about putting land deals in writing, do they? How long have you been in the relationship with her? The court could imply from this given your financial contribution to the property that this is a binding promise. Offer: relationship breakdown results in paying what she owes. Acceptance: on condition that you get what you're owed. Consideration (benefit and loss to each); commercial intention, seems likely given it relates to land that it was not just a domestic agreement which is not normally held as legal contract. Were there any witnesses, are their any mortgages or was the land paid outright?

NB: Law has changed now and I remember reading international legal journals discussing legal services have gone international where online lawyers are more globalised rather than requiring an Australian lawyer in Australia per se, you may find one online who is qualified, ie no overheads of running a legal business.

[mikemorcom]

Re: Austrian law suit

The property was in Austria not Australia! I was living with her for nearly 4 years although I later discovered she had been registered at different properties to me half the time I was there -I have witness statements to confirm that I was in an unbroken relationship.

[leclerc]

Re: Austrian law suit

Hello Mike

This property is in Austria right and was built to live in rather than a commercial investment? Austria likely has the same principles of property law as England given all property laws came from England and the principles are not likely to be so different. Did you protect your interest in that property such as transferring any interests by (deed), ie a legal interest. Alternatively has your ex girlfriend protected her interest? You say she still lives there and she is the owner, how is she the owner? How much did you contribute to this property and how much did she contribute? Is the property worth 200,000 euros? Is the property solely in her name if so it would seem she is the legal owner and you have an interest in the property probably through on implied trust (she holds the property on trust for you). Do you have any children together who also live in the property? How long have you held the property for?

"I was very much in love and we had only made a verbal agreement where if the relationship was broken then she would pay me what she could afford.. no such offer has been made."

Hmm, lovers don't think about putting land deals in writing, do they? How long have you been in the relationship with her? The court could imply from this given your financial contribution to the property that this is a binding promise. Offer: relationship breakdown results in paying what she owes. Acceptance: on condition that you get what you're owed. Consideration (benefit and loss to each); commercial intention, seems likely given it relates to land that it was not just a domestic agreement which is not normally held as legal contract. Were there any witnesses, are their any mortgages or was the land paid outright?

NB: Law has changed now and I remember reading international legal journals discussing legal services have gone international where online lawyers are more globalised rather than requiring an Austrian lawyer in Australia per se, you may find one online who is qualified, ie no overheads of running a legal business.

@Openlaw15 and @nemesis
I've corrected and added in bold the change plus removed one sentence.. We all make mistakes at times when you get Australia in your brain instead of Australia but I am sure the post is still not invalid since both Austria and UK are within the EU, which I assume is the point you were making OpenLaw15.....I think.....

[Kati]

Re: Austrian law suit

My (ex Austrian) OH says that the Staatsanwaltschafts Kanzlei should be able to help [MENTION=78450]mikemorcom[/MENTION] ... and the Austrian police should advise too xx

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The property was in Austria not Australia! I was living with her for nearly 4 years although I later discovered she had been registered at different properties to me half the time I was there -I have witness statements to confirm that I was in an unbroken relationship.

Also ... try the Fremden Polizei

[Openlaw15]

Re: Austrian law suit

@Openlaw15 and @nemesis
I've corrected and added in bold the change plus removed one sentence.. We all make mistakes at times when you get Australia in your brain instead of Australia but I am sure the post is still not invalid since both Austria and UK are within the EU, which I assume is the point you were making OpenLaw15.....I think.....

Yep, it reinforces my point - Austria became an EU member state in 1995 (i think). So, it may not be that difficult to solve the problem.

[EXC]

Re: Austrian law suit

We all make mistakes at times when you get Australia in your brain instead of Australia

You mean Austria lol.

[leclerc]

Re: Austrian law suit

You mean Austria lol.

booo hisss I ballsed up as well

[Openlaw15]

Re: Austrian law suit

booo hisss I ballsed up as well

I really am dyslexic, i never noticed your mistake ha ha

[leclerc]

Re: Austrian law suit

I really am dyslexic, i never noticed your mistake ha ha

I'm just tired(that's my excuse )