VIC Property Settlement not resolved after Divorce

Discussion in 'Family Law Forum' started by Dancing with Wolves, 17 October 2018.

  1. Dancing with Wolves

    Dancing with Wolves Active Member

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    Basic timeline:
    Separated living under one roof.
    One party to the marriage vacates marital home.
    Property Settlement commenced in court.
    Marital home sold.
    Property Settlement on hold until certain orders resolved.
    Matter never resolved.
    Divorced, 3 years ago.
    5 years have passed since Property Settlement put on hold.
    Court Portal states matter is closed.
    All children are now over 18.
    What is the process to re-commence the Property Settlement? Legal pros and cons to finalise the Property Settlement?
    What are relevant factors regarding finances to the the Property Settlement, over the past 5 years, since the closing of the court case?
    One party has paid for 99% of the support of the children; the other one has a large debt owing to the Child Support Agency. What is the relevance of these factors to the Property Settlement?
     
  2. Rod

    Rod Well-Known Member
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  3. Dancing with Wolves

    Dancing with Wolves Active Member

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    The funds were used sensibly to support the children; school fees, medical, mortgage fees, rent, legal fees.
    If I have to go back to court, I have strong evidence to support my affidavit.
    Going back to court will be stressful and expensive.
    Are there other cases of property settlement commenced, divorce finalised and the case remained inactive for years? Can it be re-opened with so much time passed?
     
  4. sammy01

    sammy01 Well-Known Member

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    what needs settling?
    Marital home sold? any profits split between the two parties?
    I don't understand what you're trying to achieve?
     
  5. Dancing with Wolves

    Dancing with Wolves Active Member

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    Because it was never finalised, the other party continues to threaten me with further legal action. He is trying to convince his bankruptcy trustee to go after me. The other party placed a caveat on my home; I don't believe he or the bankruptcy trustee have any rights/interest in my home.
     
  6. sammy01

    sammy01 Well-Known Member

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    If the ex's name isn't on the title of your current property then they have nothing.
    How did they get the caveat on the home? his name must be on the title.
    When you say separated under the same roof? you're not still living with the ex are you?
     
  7. Rod

    Rod Well-Known Member
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    This is messy because the final settlement was not finalised.

    A caveat may reasonable if marital funds were used for its purchase.

    Really needs a lawyer to review the previous attempt at settlement and go from there.

    Options:
    1. Do nothing, let them take you to court. The caveat has no affect on you until you want to sell the house. There is no urgency until you want to sell.
    2. Force the issue on the caveat by lodging an objection. They either have to initiate court action within 30 days, or the caveat is removed. Risky in that costs may be incurred if you lose.
     
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  8. Dancing with Wolves

    Dancing with Wolves Active Member

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    Funds from my children's testamentary trust (my father's will) were borrowed to buy the home, since 'separation' it has the caveat. I attempted to sell four years ago but the lawyer for the other side made a huge scene at the auction 10 minutes before and in front of all potential bidders. He left the auction and then the auctioneer commenced and house was passed in with no bids. If the house is sold sometime down the track then the remaining funds, after mortgage is repaid, will have to be returned to my children's testamentary trust. The other party would not be entitled to the funds unless ordered at the judge's discretion. This house is the main residence of my children and I .
     
  9. Rod

    Rod Well-Known Member
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    It is illegal to do that now. Vic passed laws not long ago making that behaviour illegal, plus the lawyer can be sanctioned for unprofessional behaviour.

    What do you want to happen? Do you want to finalise settlement, or just get the caveat off, or are you content to just wait and see if the other party takes action?
     
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