VIC Property Settlement Dispute with Ex?

[dl22]

Ok, so I don't have a lawyer and my ex does. It's a family friend of theirs and I believe they're trying to screw me (surprise surprise).

Here's the run down:

She put 17k more into the deposit. I did an intensive reno on the house.We had the house for 3 years and the asset pool is appox. $180k after the sale of the home.

They wrote this as the their first offer:

"That within 14 days following the date of settlement of the sale of the family home, the balance of the proceeds be divided as follows. -

$17,000 to our cilemt, representing the extra funds she injected into the deposit for the purchase of the property.

The balance thereafter to be divided equally between you. "


So, I say OK to the 17k, then we divide the rest. Eg 180 - 17 (goes to her) = 173 (left over) . 173 divided by 2 = 81.5k So I walk with 81.5k and she walks with 81.5 (and the 17k) = 98.5k.

They turn around and say "No, no it's 17k from you, then we divide the 180K which would mean total. I said, "No, it's 17k from the asset pool". They suggested I get a loan. LOL

So they want: 73k to me, 107k to her. That's grossly unfair in my opinion and I believe their letter contradicts that. It clearly says, "the balance of the proceeds be divided as follows".

Why aren't they saying the 17k comes from the asset pool? The other thing is, they want me to sign an authority letter to sign over the deposit from the buyer into their trust account. Do I have to?

They say the settlement can't go ahead without it. I don't want to give them control of any money and the money is currently in the real estate agents trust fund. Do I have to sign the money over to them? Property Settlement is on the 18th of Jan 2017

Thanks in advance and I'm currently getting a lawyer but just wanted to get an opinion from the board too.

 

[SamanthaJay]

I agree with you. They have obviously worded it wrong.

Without knowing the rest of the details, they are probably lucky you were agreeable to that.

But if you are agreeable to what you thought they were offering, you could write in return that you agree to that only. It's going to cost her money (probably easy $17k) to go further and fight you for it. In saying that, if you are retaining a solicitor, it will cost you as well.

As for releasing the deposit into their trust account, I'm not sure about that.

 

[SamanthaJay]

On 2nd thoughts, I don't see why settlement can not go ahead without deposit going into their trust account. Commonly, the agent holds the deposit and releases it less the sales commission, on settlement.

 

[dl22]

Thanks for your comments Samantha. I'm certainly not agreeable to the 17k and at the end of the day I believe I can get a favourable spilt if it goes to court. I can either fold now and lose 17k or use those funds to fight in court and get the split I believe I deserve and believe the court will grant me. The reno helped us get an amazing result, which put plenty of money in her pocket.

Cleaning was split between us but I did all outdoor maintenance and the women didn't even cook at all. I cooked pretty much everyday and she watched house wives of *insert city*. Basically I was the b***h of the relationship which freed up her time to earn 20k more a year than me.

They've done their best to try and bully me into giving up, unfortunately for them the fight has just begun. Got myself a good lawyer.