NSW Out of time property settlement

[whenwillthisend]

I am currently in family court with a high conflict Ex. Long story short , married 10 years , divorced 18 . At the time of divorce there were no assets but she was given whatever was in the family kitty then. No property settlement at the time of Divorce as there was nothing to share

Few years ago , I bought an investment property in which I allowed her to to live in with my kids for a rent. Unfortunately, I didnt have the foresight to have a tenancy agreement.

She is now claiming 100% of the property as hers , extorting me for tax fraud( she filed my returns) , refusing to pay rent and wont get out of the property. She is renting out the property for short terms stays and making money on it though she also gets interim spousal support from me as I was granted leave out of time to pursue the case in the family court.

The family law case is taking too much time and I can not afford mortgage without any rent being paid to me. On top ,she keeps barraging my lawyers with emails thereby raising my legal costs.She is self represented . My questions;
1. Can i surrender the mortgage to the bank or do I need courts permission for it? The property is in my name only.
2. Is she entitled to any of my superannuation which was built up post divorce ?

Thanks in advance

 

[Rod]

1. Up to the bank, unless you have court orders saying otherwise.
2. Unlikely based on your post. But court will look at many more factors than you have provided, including what the ex says.

 

[whenwillthisend]

1. Up to the bank, unless you have court orders saying otherwise.
2. Unlikely based on your post. But court will look at many more factors than you have provided, including what the ex says.

Thanks Rod ,
The family law case seems to be dragging on. There was a court injunction against further encumbering the property but nothing that stated that mortgage could not be surrendered or at least that is how I understood it. I am self represented as I could not afford lawyers anymore. The mortgage has now gone into default as I just dont have funds to pay. I did file an interim application that I risk being in violation of the injunction and the court should order sale of the property. The other party has not responded to my Interim application and cited medical reasons as excuse and did not show up for the hearing. Court deferred the date. By the time , the next date comes , the Bank would have issued the statement of claim. I am just wondering how the court will view this. Any thoughts?

 

[Rod]

Write to the bank and apply for a financial hardship variation. Might take some pressure off and allow you to sell rather than have the bank take over the house.