My partner and I who were together for 2 years in a defacto relationship. We purchased a property together, (his deposit was larger then mine 86% to 14%). we reside in Victoria and there are no children.
on the 13th April we broke up, on the 16th April i received a letter from his lawyer saying my ex has said I had moved out and I couldn't return to the property as he has changed the locks and I had removed my things. They then told me the house was to be sold in 28 days, how the property would be divided and I had a choice of 3 real estate agents and his lawyer would do the conveyancing. I was also told all correspondence was to go via his lawyer and I was not to contact him. As a 21 year old who had just broken up 2 days earlier I was shocked and scared so i write back via email to his lawyer suggesting that i hadn't even collected my things and hadn't moved out, they agreed I could remove my things from the house the next day under the strict supervision of his parents and then I can't return again, there is no court order. They suggested if i return they will call the police and the legal letter will be proof to say i can't return. I also said that i agreed with the financial settlement and would pay 1/2 the mortgage repayments until the property sells.... they replied 2 weeks later saying they are happy with those terms (of course they were) and now we have to get a BFA written up. they have also said the house is to be on the market by the 13th May. Now that i have had time to register all of this and get some information i have realised that they had no right to kick me out of the property and that the financial terms are not fair at all. My question is - I did initially agree via email that i would agree to the terms, Is it too late to write back and say that I don't agree and write what i think is fair? I am not asking for any more money but the terms were he gets his money first then I get mine if there is any left over from the sale of the property and that I continue to pay the mortgage but that doesn't seem fair if i am not allowed to go near the property? Can i write back to his lawyer and say I want to renegotiate the terms or am i too late? We have not signed a BFA or anything, its only what i have written in the email.
on the 13th April we broke up, on the 16th April i received a letter from his lawyer saying my ex has said I had moved out and I couldn't return to the property as he has changed the locks and I had removed my things. They then told me the house was to be sold in 28 days, how the property would be divided and I had a choice of 3 real estate agents and his lawyer would do the conveyancing. I was also told all correspondence was to go via his lawyer and I was not to contact him. As a 21 year old who had just broken up 2 days earlier I was shocked and scared so i write back via email to his lawyer suggesting that i hadn't even collected my things and hadn't moved out, they agreed I could remove my things from the house the next day under the strict supervision of his parents and then I can't return again, there is no court order. They suggested if i return they will call the police and the legal letter will be proof to say i can't return. I also said that i agreed with the financial settlement and would pay 1/2 the mortgage repayments until the property sells.... they replied 2 weeks later saying they are happy with those terms (of course they were) and now we have to get a BFA written up. they have also said the house is to be on the market by the 13th May. Now that i have had time to register all of this and get some information i have realised that they had no right to kick me out of the property and that the financial terms are not fair at all. My question is - I did initially agree via email that i would agree to the terms, Is it too late to write back and say that I don't agree and write what i think is fair? I am not asking for any more money but the terms were he gets his money first then I get mine if there is any left over from the sale of the property and that I continue to pay the mortgage but that doesn't seem fair if i am not allowed to go near the property? Can i write back to his lawyer and say I want to renegotiate the terms or am i too late? We have not signed a BFA or anything, its only what i have written in the email.