NSW Getting Back Some of Property Settlement Money?

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Marge

Active Member
1 January 2017
6
2
34
Dear Lawanswers,

Two years ago, I was in a position where the partner I had of 16 years became violent, had been abusive and controlling for 16 years, so I asked him to leave the house I bought after selling my own house in Sydney to buy one on 25 acres on mid-north coast.

I was not happy as he made my life a misery.

So he would not leave, became violent and I had to ring my daughter to come and get me as I was scared for my life. I am disabled and suffer from an incurable illness, so am not well most of the time and have mobility problems.

I had to go and live with my daughter and partner for almost 2 years. He eventually left and I had nothing but trouble with him, had to get avo, paid for house to be painted, lawns mowed regularly and house carpeted. All my expense.

It ended up he got probably just over half the value of my home. So my children wanted me to go to a Catholic retirement village and one hour from daughter. My sons live in Sydney and the rest of my family. I only had enough to make cash donation so my family don't get any money back when I die.

I am an independent person and when I came here was told what to do by people in family and felt pressured. I was seriously sad and diagnosed with major depression due to the stress the ex partner put me thru. I also lost both my faithful dogs, one thru illness and one was run over. I was devastated.

So I have a 2 br villa and have been here 2 years now. I miss my family, I cannot go outside here because there are sandflies and I have allergic reactions to them and have contracted cellulitis from a bite once and was hospitalised.

I am also not happy here as I am 62 but everyone here is 70 years plus. I am not happy but wonder if I can get out of the contract I signed and get some of my money back. Surely there must be a solution, in situations like this, I was not well at the time of this decision. I have worked very hard all my life until about 10 years ago.

My ex partner was my carer but he did not do anything for me. I stupidly paid for everything, he did not contribute at all. I wanted to report him but he said I would get into trouble because I allowed it to happen. He forced me to fill in the forms and take them to my doctor.

I was alone and sick and had no one to talk to. So he had much more money than me and I end up like this. I am at my wits' end and don't want to bother anyone but surely I don't have to stay unhappily living here until I die?

Please if you could let me know what I can do. I am honest and keep to myself, my depression has made me feel isolated and I don't really feel as though I fit in here. I have much more unhappy history of life with my ex through no fault of my own only that I was too trusting of a man who I realised was a conman.

I don't have much money at all and am on a disability support pension. My solicitor at the time of my property settlement said I had to talk with the ex partner to settle on a sum, as he had put a caveat on my property and would not withdraw it until I agreed to let him have the sum of $160,000. I thought that's what the solicitor was for, because I knew I was not strong enough to discuss money as he was manipulative and controlling.

I had told solicitor that and I feel he let me down really badly just when I needed the most help. He said it was 'the conversation you needed to have' with the awful ex. I still cannot believe it. But what can I do?

Thank you for your time.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Marge,

I'm not sure what can be done 2 years after settlement. You probably need to seek another opinion from your previous solicitor. As far as getting out of your retirement home contract, those places are priced so you own it while you are alive and then it reverts back to the village ownership. I'm worried that if you leave you walk away with nothing.

Its basically written as a lease for the rest of your life, which is calculated at your current age. You need to take the contract to a lawyer to see if there is an clause, but I'm not expecting there to be.

Good luck.