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Parallel

Well-Known Member
3 February 2017
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The property was purchased in 2005, with funds from my father's deceased estate after his death that became funds of my children's Testamentary Trust (I have 4 children). At the time of purchase, my then husband and his financial advisor advised me to put the home in my name, not the Testamentary Trust*.

In 2015, when I attempted to sell the home at auction (because the children and I have to rent, as the home is 90 minutes away from school and the ex will not pay a cent for anything, $60,000* outstanding in child support).

The ex and his lawyer slapped a caveat on the property a couple of days before the auction. The ex sent his lawyer to the auction and I saw him enter my property about 5 minutes before the auction was to commence. I politely repeated many times that I wanted to him to leave my property. He followed me into my home (about 20 metres) stating why can't I be here?

I called for the real estate agent (this is all happening in the space where the auctioneer is about to start and full view of the crowd gathered). My feisty friend told him to leave and he told her to F@%& off! ( He drove away in his convertible with his girlfriend who did not enter the property - he was actually driving a car that did not have the alcohol reading device that he was required to have - and was seen and heard driving down the driving way calling my ex).

I later took an AVO out on him, but the lawyer lied to the Magistrate saying he was not my ex's lawyer and that his girlfriend and the real estate agent had written in his support (she actually did not enter, so she could not witness; the real estate agent will not give me a copy of what he wrote - this lawyer is labelled as one of Melbourne's the toughest and most aggressive lawyers) and the lawyer also lied that he just worked at the same law firm but was not representing my ex! I was self-representing. I now have the Magistrate's court recording as evidence.

There were no bids at the auction and as the house is deteriorating from lack of funds (rotting deck), the only 2 offers to purchase made were seriously unacceptable. I continue to rent it out to cover the Line of Credit of $360,000; which was taken out against this property to fund a "special" building levy on another property owned by my children's Testamentary Trust.

My ex had "borrowed" every cent (millions) of the Testamentary Trust and stupidly I took out the mortgage on my home in my own name as I really had no idea whether I was Arthur or Martha, I know realise I was seriously suffering depression in an emotionally, (physically) and financially abusive relationship, and could not make decisions for all the financial chaos and tricks going on around me. The property should have been maintained since purchase in 2005 but the ex had taken all the children's Testamentary Trust funds and the reason the building levy was so incredibly high also points back at my ex.

Fast forward... my ex is now bankrupt and I receive no assistance from him. He is threatening me that his Trustee is looking into chasing me for money to release him early from bankruptcy. It is now 8 months since he was declared bankrupt, and I still have not heard from the Trustee.

I would like the caveat removed so my children and I can move on with our lives with a roof over our heads, not 90 minutes away. I am so tired of cleaning toilets for other people not me).

I read somewhere the ex has 21 days to respond if I put an application in to remove the caveat. How do I start this process and resolve it precisely and neatly without being drawn back into my ex's long winded devious battles? And Trustee's interest in the situation?

*At the time of my father's death, my ex and the financial advisor created a document that states my ex wishes were that anything received from my father would be protected in case of a marital breakdown.

**$60,000* outstanding in child support - should be double that, but he is a talented liar, self-employed, child support agency is hopeless etc etc,
 

Rod

Lawyer
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27 May 2014
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I suspect from one of your other posts that a property settlement has not yet been completed.

This means your ex may well be entitled to place a caveat on the family home. I can't help re: removing the caveat as I don't understand enough law around their removal.