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VIC Property Settlement - How to Make Ex Comply with Property Evaluation?

Discussion in 'Family Law Forum' started by DAW338, 12 April 2016.

  1. DAW338

    DAW338 Active Member

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    Hi,

    My ex-partner and I are currently in family court and I am representing myself for property settlement evaluation. I did not agree with the joint evaluation on the property and would like to have the property evaluated separately.

    She does not want to cooperate with the second evaluation as she is still living on the farm. How will I ask her to comply? Is there a form I can use in the Federal Circuit Court? The evaluation of the property will be presented in court in August of this year. I have already emailed her solicitor but did not get any response.

    Thank you for your time.
     
  2. Hope this helps

    Hope this helps Well-Known Member

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    What is stopping you from acquiring 3 different agencies to do a valuation. Then asking 2-3 of the agencies to to do a written valuation on the property and sending their valuations to your ex to look over?
     
  3. DAW338

    DAW338 Active Member

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    Hi,

    She lives on the property and prohibits the evaluator from entering the premises, locks the gate and threatens trespassing, etc. I need her to cooperate so we can have it done and present it in court.

    Can we have her cooperate legally? Like a court order or something?





     
  4. Hope this helps

    Hope this helps Well-Known Member

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    Is your name also on the property? If so, the evaluator is not trespassing with your permission and letting your ex know prior at least 7 days beforehand. Also, you can accompany the evaluator to the property.

    Otherwise, it's a case of mediation if you haven't gone through this process. If so, then yes you can go to court and ask that the property be evaluated. You can have it evaluated at the same time, day or one after the other if you wish for 2-3 separate evaluators to see the property and deliver each evaluation by registered mail to her and the lawyer. Reason being my lawyers were supposed to have faxed quotes to my ex. However, as they did not make sure and therefore he did not received it.

    I lost the house that was quoted $385,000 with DHA contract on it and he sold it for less than we bought it 6 yrs ago to a family member. Hence because ex did not receive any of the 3 evaluations due to lawyers failing to make sure it was send by fax , house was not included.

    State to the Judge your ex is being unreasonable by refusing an evaluation to be carried out on the property at her convenience. You have emailed her 2-3 names with their information so she herself can arrange an appropriate time. You have also given her 7 -14 days notice stating you will accompany the evaluators through the property without success.

    But as I have asked - does the property also have your name on the title? Either way, you are entitled to obtain an evaluation for your property settlement. And can apply to court for her to allow this to be done.

    Hopefully, the Judge will make her bear the cost for her stupidity.
     
  5. DAW338

    DAW338 Active Member

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    Yes, the property is also under my name. Thank you for your response, it's a great help.
     
  6. euro666

    euro666 Active Member

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    In the federal court, you will both be ordered to pick one valuer and agree on this one company. If she does not like the valuation that comes out of this jointly-agreed valuation company, she can have another one done, but it needs to be done by the same jjointlyagreed company. She needs to pay this then, not you.

    I went through the same thing in the federal court. My husband wanted another one done, and the judge scoffed: the house's value is when it gets sold. He was ordered to pay for the new one that was just done 5 months ago. He didn't do it in the end.
     

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