Financial Separation when ex refuses all the offers

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Edward17

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28 April 2021
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Need some help and advice:

Married for 10 ears and separated last 2.5 years. My Ex lives in our family home with my 2 kids and doen't work. We have to sell the property to get the equity and super split. Am still paying mortgage for the house and other expenses including water, rates etc. Kids are with me 30% care. Been to family mediation and it was unsuccessful as Ex walked away and refused to participate after first session. I tried negotiating myself afterwards and she agreed to 70% on her favour which I was ok too. When I got a lawyer and drafted everything and asked for her signature she first dragged few months that she is asking legal help and later came back and demanded more. She wants more than 70% and additionally want me to take care of expenses for repairs and marketing of the property. I think this is not fair to me as I have done many post-separation contributions including buying a car for her. She also have a DVO against me to move me to out of the property.

My Lawyer is also finding it hard to communicate with her as she is being very unreasonable and not allowing agents or painters to access the property. She is not willing to do any financial disclosure, but I have done it on my part. Lawyer advised either to organise a professional mediation or go to court. I have very less hope with another mediation as I have tried one already. I feel she wants to drag this as long as she can because she had mentioned in the past that she wants to continue to live this way and I have to pay all the expenses, its now over 2 years and am very impatient on when this will all end. My legal expenses are raising and Is going to court my only option? What are my rights here?
 

Atticus

Well-Known Member
6 February 2019
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My legal expenses are raising and Is going to court my only option?
In this case I think it's your best option, & probably the least expensive in the long run.... Clearly she is isn't going to give up the free ride willingly.

If it were me I would be filing orders & then informing the bank that mortgage payments will be ceasing pending a settlement. Same with council rates.. Keep the money towards your legal bill.
 

sammy01

Well-Known Member
27 September 2015
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stop paying the mortgage. Discuss this with your bank. But it will put pressure on her. Basically, she can play nice and get a reasonable settlement OR she can risk losing it all.
 

Edward17

Member
28 April 2021
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stop paying the mortgage. Discuss this with your bank. But it will put pressure on her. Basically, she can play nice and get a reasonable settlement OR she can risk losing it all.
Thats exactly I want to do, but am worried if I stop paying the mortgage, it will impact me financially in the long term, at-least my lawyer is advising against it.
 

sammy01

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27 September 2015
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why would the ex want to change the current set up. She lives rent free. That could go on for years and you can bet she won't 'agree' to acknowledge that you deserve to be compensated for her privilege of living rent free, so the only way you're gonna get anywhere on that one is if you change the dynamics of the situation so it is advantageous to her to sell the house.

Mate I was in the same boat. I reckon my ex would still be living there and having me pay the mortgage AND child support. She was refusing me access to the kids. She was refusing to negotiate on anything.... All of a sudden, when the reality of the situation kicked in and she had to risk losing the lot, all of a sudden she was more interested in talking. Go figure
 
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Edward17

Member
28 April 2021
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In this case I think it's your best option, & probably the least expensive in the long run.... Clearly she is isn't going to give up the free ride willingly.

If it were me I would be filing orders & then informing the bank that mortgage payments will be ceasing pending a settlement. Same with council rates.. Keep the money towards your legal bill.
Is that even possible that I talk to bank to cease mortgage payments?
 

sammy01

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27 September 2015
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Yes. Especially if there is equity in the house. They don't want to re-posess houses and they understand that this sort of stuff happens. Call them.
 

Atticus

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6 February 2019
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Is that even possible that I talk to bank to cease mortgage payments?
After you have filed for orders inform the bank that the property is now the subject of a property settlement with the FCCoA (file number xxxxx) Regular monthly mortgage payments will cease & all outstanding debts & fees will be finalised on settlement.

The bank can not foreclose while there is a property settlement filed. The advantage to you is that you are saving the monthly payments & the accumulating debt & fees will be a liability that will be shared with your ex on settlement.... As it is you have been paying the whole mortgage on your own for 2 years. None of that will be taken into account as post separation contributions unless your ex agrees to it or a court orders it (both unlikely)
I feel she wants to drag this as long as she can because she had mentioned in the past that she wants to continue to live this way and I have to pay all the expenses, its now over 2 years
Had you done this 2 years ago, your bank account would be healthier & I reckon the ex would be gone & the house sold by now
 
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