Hello everyone,
First I want to start that I understand that for specifics of the case I know i need a lawyer , but any advice I could get that does not cost me a small fortune I would appreciate.
First off, A little background. My ex-wife and I were married for 10 years, had to young kids and a mortgage. She left and took the kids, it got very nasty with an AVO put on me which was completely fabricated and cost me $10,000 in legal fees to get removed. She admitted to her solicitor it was completely fabricated to stop me from seeing the kids and removed the AVO, but only after I served her the court papers.( can you tell I'm bitter about it still ?)
Anyway, I worked full time, she looked after the kids. We sold the house, It was a 65% - 35% split in the assets, and i had to pay for the real estate agent fees and a $5000 car loan which was owing on my car. Anyway she got around 105,000 because she had the kids and I walked away with around 35,000 after agent fees and payed out car loan. I had about $70,000 in super. she had very little.
So moving on, around a year later we reconciled, ( cause I'm an idiot but I wanted to be with my family) after around 2 years, we bought another house, this is where it gets tricky . In order to hide the money from certain government agencies we had to pull some moves( i won't go into detail) but when we put the house deposit down it was all cash.
I put in $30,000 . she put in 120,000. which I consider to be mine because of the sale of our previous house, but i know in the eyes of the law it's hers. And we had about 25,000 in savings so we put in another 15,000 to the house deposit. All up it was $165,000 deposit.
After a year, I moved out this time. The relationship had died and my feeling were not there. So now we are trying to settle property again. She wants to keep the house and for me to remove my name from the title and loan. I would of thought she would of had to refinance. I do't think I can just remove my name from the loan can I ?
Also, how would the property settlement work? would it start again and she would get access to my super again?
Last time we settled, she got a large percentage because of future earning capacity and she had the kids. Well this time I'm a student, I went back to university and have been studying for 3.5 years while she worked full time. I worked part time those years and earned 400 a week which covered our rent and mortgage payments when we had our house. So this time she earns more than I do. Her solicitor has told me that because I have studied for 3 years and did not work full time, she contributed more to the finances so she will get a higher percentage. This infuriates me, especially as last separation my ex-wife did not work for 10 years and I worked full time, yes she looked after the kids, I get that but what her solicitor is telling me seems so unjust.
Because I withdrew my money from my bank, to access the cash I closed down my account. I have no record that i contributed 30,000.
I have asked her to give me 37,500 and I will walk away which is the 30,000 I put in and the 7,500 from the 15,000 out of our savings to go to the deposit.
She will not agree to this. She is a very manipulative person and will do anything that will benefit her financially.
I'm at the point where I have become very angry, I want to get out of this mess, but I don't want to give her everything either. I feel last separation she walked all over my solicitor.
Anyone able to offer advice?
Thanks
B
First I want to start that I understand that for specifics of the case I know i need a lawyer , but any advice I could get that does not cost me a small fortune I would appreciate.
First off, A little background. My ex-wife and I were married for 10 years, had to young kids and a mortgage. She left and took the kids, it got very nasty with an AVO put on me which was completely fabricated and cost me $10,000 in legal fees to get removed. She admitted to her solicitor it was completely fabricated to stop me from seeing the kids and removed the AVO, but only after I served her the court papers.( can you tell I'm bitter about it still ?)
Anyway, I worked full time, she looked after the kids. We sold the house, It was a 65% - 35% split in the assets, and i had to pay for the real estate agent fees and a $5000 car loan which was owing on my car. Anyway she got around 105,000 because she had the kids and I walked away with around 35,000 after agent fees and payed out car loan. I had about $70,000 in super. she had very little.
So moving on, around a year later we reconciled, ( cause I'm an idiot but I wanted to be with my family) after around 2 years, we bought another house, this is where it gets tricky . In order to hide the money from certain government agencies we had to pull some moves( i won't go into detail) but when we put the house deposit down it was all cash.
I put in $30,000 . she put in 120,000. which I consider to be mine because of the sale of our previous house, but i know in the eyes of the law it's hers. And we had about 25,000 in savings so we put in another 15,000 to the house deposit. All up it was $165,000 deposit.
After a year, I moved out this time. The relationship had died and my feeling were not there. So now we are trying to settle property again. She wants to keep the house and for me to remove my name from the title and loan. I would of thought she would of had to refinance. I do't think I can just remove my name from the loan can I ?
Also, how would the property settlement work? would it start again and she would get access to my super again?
Last time we settled, she got a large percentage because of future earning capacity and she had the kids. Well this time I'm a student, I went back to university and have been studying for 3.5 years while she worked full time. I worked part time those years and earned 400 a week which covered our rent and mortgage payments when we had our house. So this time she earns more than I do. Her solicitor has told me that because I have studied for 3 years and did not work full time, she contributed more to the finances so she will get a higher percentage. This infuriates me, especially as last separation my ex-wife did not work for 10 years and I worked full time, yes she looked after the kids, I get that but what her solicitor is telling me seems so unjust.
Because I withdrew my money from my bank, to access the cash I closed down my account. I have no record that i contributed 30,000.
I have asked her to give me 37,500 and I will walk away which is the 30,000 I put in and the 7,500 from the 15,000 out of our savings to go to the deposit.
She will not agree to this. She is a very manipulative person and will do anything that will benefit her financially.
I'm at the point where I have become very angry, I want to get out of this mess, but I don't want to give her everything either. I feel last separation she walked all over my solicitor.
Anyone able to offer advice?
Thanks
B
