Property split fairness, sorry for being lengthy

If it were to go to court, they will not be interested in REA valuations. As I have said previously, it will need to be valued by a professional property valuer. I recommend you agree on one to use & see how the value differs from the REA.

Hi, I agreed on 70% not sure what Dan means re wording something "for the benefit of the children in the property settlement" am confused. What benefit is this? I am trying to keep the house as the boys are use to it and love the house and if I can I may as well try and keep it.

Anyway I have another hurdle I have had 2 real estate agents come an look at the house one of her choice and one I got both have come back with the same price if we were to sell the top price point would be $460k but there has not been people buying in the area at the price point and it may take awhile if at all at that price now.

If we sold at that price no guarantees and not many have sold at that price as i mentioned so we may only get offers less than that. Anyway let's say we did sell at that price taking out all costs ie mortgage left to pay, agencies cost, etc my ex would get $96k.
I have told her I will give her $98k to buy her out now she has said no she wants more as there would be no agencies cost then she should get more...
There is no guarantee it would sell at the top end and how long if it did at all but she can bank this money now and not worry about anything that needs to be done to the house at a shared cost to prepare for the sale. She is adamant that take away agency cost as there is none she should get $105k. This is 70% I have already spent money to get back yard done and she owes me $1100 for that.

I offered $100k still no then finally $103k as that is all I can get from the bank she still is not happy!!! I have paid the mortgage principle and interest for 2.5yrs which she has had the benefit plus reducing the mortgage which she has benefit 70% over this time, It is just not right is there anything legal on this?

She is happy to sell it if not getting $105k so I could say to her sell it and i buy it from the real estate agent probably cheaper but would waste that cost of the agency fee, she would get alot less and imagine I am then up for stamp duty on my own place. Would I still be up for stamp duty if I bought my place from the agency? What a joke makes it pointless!!!

What can I do outside setting a timeframe on putting the house on the market we both split the cost of any repairs done (of which my ex still owes me $1100 for the backyard works to have it ready). Also set a timeframe on what ever offers we get in that time and then we both have the option of first right of refusal, the big risk for my ex is that if the price will be lower than $460k will be my ex's loss.

I would also tell her during this period she will have to now pay half the mortgage also as I am not paying the lot anymore whilst this all would sound fair process it is stupid and more costly for my ex does not make sense.

Any ideas out there??

Yes. If no price can be agreed on, then it should be set by a professional property valuer. You should first try to agree on a valuer to use rather than just appointing one yourself.

Was the valuation done by a professional property valuer, or a real estate agent? If it were to go to court, a professional valuation is what is required. If you have only had a RE agent look it over, then you may do better to engage a professional.

Originally posted by jaazzz    TD, may I suggest that if no progress is made fairly smartly in mediation, that instead of wasting more money on interest only payments (this will still keep a roof over her head free of charge to her) that you consider just filing an initiating application yourself & informing the bank of this & that it's now a court managed process & any arrears will be be met at settlement. This has to be bought to a head some how & you can't continue to be paralysed by fear of what this person may do or say. If you need some support, call MensLine Australia . They have 24/7 online & phone support.

TD, Jaazzz already told you what to do. File an initiating application. This will get the ball rolling. Don't waste your time with any more emails.

Go to www.familylawcourts.gov.au and find the form called "initiating application" fill out what orders you seek (i.e. the split you think is right) and file it at court. When you serve her with the form she will have to respond. You can do the form yourself. If you call them, the registry staff at the court tell you what form to use and how to serve your ex wife, but they can't give you any legal advice. Your case won't automatically go to court. There will be steps along the way where things should be able to be negotiated. The point is to force her to the negotiation table, and this is the way to do it.

And on a side note, get yourself some counselling, or if that isn't your kind of thing, join a gym, start running on a beach or in a park on a daily basis, something you enjoy, that is just for you, to work through these soul destroying times, you deserve that. You seem like a good dad, so make sure your mental health is at peak performance so that you are able to be there physically and emotionally for your kids and also for yourself. You will never be any good to anyone, especially your kids if you aren't at your best. Take care.

   TD, may I suggest that if no progress is made fairly smartly in mediation, that instead of wasting more money on interest only payments (this will still keep a roof over her head free of charge to her) that you consider just filing an initiating application yourself & informing the bank of this & that it's now a court managed process & any arrears will be be met at settlement.

This has to be bought to a head some how & you can't continue to be paralysed by fear of what this person may do or say. If you need some support, call MensLine Australia . They have 24/7 online & phone support.

Agree Sueby01 re the advice given to you by your lawyer about being a victim the funny thing is I do not know if she thinks what she is doing is morally wrong......but then again I could just be gullible thinking that.

Thanks JC, I have advised the bank re interest only and they are sending paperwork out they will only agree to stop payment once a deal has occurred and is in the settlement period but not before. Interest only is a start thou.

Re the kids I think she may make it harder for me but not sure what she will tell the kids or portrey their dad to them, I am hoping not but who really knows.

Kids can be quite robust assuming the right approach is employed.

AsiaOilDude is right and you need to start absorbing the advice on offer. Contact your lender and explain that the house will be sold. Ask if you can either stop paying the mortgage or as a minimum, pay interest only.

By contacting your lender and explaining your circumstances and the reason(s) for your request it'll most likely keep them on side and also takes away an enormous amount of leverage from your ex.

Is your concern that if you show some resistance that she'll withhold contact with your kids?