VIC Ex refusing consent orders

[Rod]

How do you solve a financial issue with someone whose previously said she is willing to let the bank keep the money?

Go to court for property orders.

 

[Atticus]

I think the main question I have right now is if and by how much could the home loan affect this

If Iv'e read it correctly, you never lived together in the property associated with the loan & never received income from it as an investment so it shouldn't effect anything apart from the fact that she would have to declare it in her financial statement, if she did somehow manage to include the mortgage as a joint liability, then you would also have a claim to an increase in the value since purchase, so I don't think she'll go down that road..

Just going back over some your posts... Regarding the lease break fees & outstanding rent. I assume you have paid a bond? Is it possible to instruct the owner/property manager to use the bond to cover these?... If that falls short since you are no longer in the country, it will be her they go chasing for the balance.... Just a bit more incentive for her to reach an agreement..

I went to the bank a number of weeks ago, finding out what options we had as to release the money early.
Essentially, it was up to the branch manager's discretion, and he refused unless I could get a letter from Immigration stating that I would have 28 days to leave the country due to my visa situation

If releasing this money is discretionary, is it possible to take this inquiry to a higher authority within the bank.... Also if you can get that letter from immi, it's going to be a heck of a lot cheaper & probably ultimately quicker...

Just remember though, worse case scenario here is that you do not reach an agreement & the bank rolls over the term deposit into another term... It aint going anywhere so no chance of losing it.... Solicitors & court will chew through it in no time