NSW Property Settlement Issues with Ex - What Happens Now?

[Shapely]

I am having issues with my ex and the property settlement.

There has been a conciliation hearing after prior negotiations failed. The disagreement is on a piece of property that there was a substantial difference of opinion about the value. Market valuations were not considered, though the offer to take over the property, or take it and sell had also been refused. He wanted me to buy him out at his inflated price.

Conciliation orders were for both parties to make a genuine offer to settle. I have done so, with a now registered valuation on the property in question (at a great cost to myself) I have had no response to this, and no offer to settle from his lawyer.

As I am the respondent, I believe I now have to wait for him to file for trial, but the closed off date for that is today. There is no reason to go to trial, the equity in the property is less than 10k. In fact he is using Legal Aid to get this far, and I'm not sure if it will fund a trial?

But what happens if he doesn't submit a form 1 today? Where to from here for me? I'm left servicing the debt on it.

 

[Shapely]

So it's after close off now and no form 1 was filed. Even my solicitor doesn't know what to do next.

Is there anyway to get this before a judge without going to trial. I'm assuming they are in contempt now, with not trying to settle?

 

[Shapely]

Hi All

I now have no idea where to go in the property settlement.

Assets - House, valuation has indicated it will clear the mortgage (best case scenario).

Farm Machinery - a bobcat (this is the dispute item).

All other assets are debt, so the court has only considered these significant.

Ex initiated property settlement. This was unbeknownst to me at the time. I had a readiness hearing and a conciliation conference. I have complied with all his lawyers wishes, and disclosed everything they ask.

Offers from me, there have been several, all based around market values of the assets. The bobcats value has been disputed and set at the brand new price, therefore he has actually asked for over 100% of the pool. I offered he could take the asset but has refused.

Offers from him, one only at a ridiculous price he couldn't substantiate. No other offers from him, and all my subsequent offers have been ignored.

The conciliation conference was held and discussed was the value of the bobcat. The agreement verbal was a 60/40 split in his favour on the sale of the assets. The magistrate recommended a valuer and the bobcat has been valued at 7k.

The conciliation notes were vague and the verbal agreement was not referred too, however it did state that each party must make a genuine offer to settle. I have done so, it's been ignored. He has not done so.

It also stated a form 1a initiating application must be given to the courts by him by the 21st Dec (by him), this has also not happened.

For other details:

It was a long marriage (13 years) ad the children have left home. I work full time, he does not work at all and is on Centrelink.

No divorce has been applied for, but I will as soon as I am able to (things were amicable, but have now reached solicitor only contact). The other considerations like super haven't featured here, because there is no real disagreement here (he will be entitled to whatever % of it he is, that's life).

My issues are:

I have spent over 10k on my lawyer and am essentially at square 1 again. I am covering the mortgage and costs on the empty property 100%. I cannot sell this bobcat I believe as it's in dispute.

It's now in his interests to do nothing. The total sum pool of assets is at best 20k (should the house sell for higher end of the valuation). I don't want to go to trial for 20k, but if he will no longer negotiate, what can I do? And can I put in the form 1a from here to continue proceedings since he has done nothing?

Can I sell the house? He has indicated he wants it tenanted, which tells me he is in for the long haul of waiting me out (in case I die, or win lotto, who knows?)

I don't want to pay the house loan, yes, I can default but do not wish to affect my credit. It's also already close to negative equity too. However it's tying up my buying power to move on.

What are my options here? Can I get a interim order for him to pay mortgage since he is holding up settlement? He has no means to pay so I doubt it?

Can I sell this bobcat under the registered valuation, whats the implication of doing so (no response from his lawyer after the registered valuation was provided)

What does my solicitor say? you need to start preparing for trial (even though no ones applied for trial) give me 10k to start and another 25k will be payable. No way ill self represent, I can lose 100% of the assets and still be better off.

My ex, I believed him to have legal aid and so did my solicitor, but no communication through his lawyer for quite some time now (well prior to the conciliation)

This is all spite, surely I can do something to push things through?

 

[SamanthaJay]

My ex has been selling motor vehicles and farm equipment. He is supposed to be providing proof of sale price. He is selling most of it to his friends and family so he is wording them up, banking approx half of what he is receiving and saying that's what the sale price was. Each time my solicitor asks for proof of the sale price, his just refers to what was banked.

 

[Shapely]

Interesting.

Were any of the items in dispute?

I tried to do the right thing and hold onto it to be fair, as I had the option to sell it quickly when the initiating application came through, but I didnt think it would look good for me. Now I no longer care, I need to live and pay my solicitor.

I've done everything I can, including paying for a registered valuer