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I am a war vereran, aged 69 years with very little means, and am trying to get property settlement from my ex wife. She lives four states away and so all communications with her solicitor has been done in writing, through the mail.

I am a war vereran, aged 69 years with very little means, and am trying to get property settlement from my ex wife. She lives four states away and so all communications with her solicitor has been done in writing, through the mail.

The agreement was that she could live in the family home for two years, paying only the out goings, and that after that she wanted she could buy the home, or it would be sold. Everything points to her wanting the former.

Through her solicitor, has made two offers, which represented 20% and the next 24%. There are no children involved and we have both contributed 50/50 to the marriage pool. I am seeking 33% and 66% to her.

Her solicitor is slow to react, and I want to move on, I have until recently been living in conditions, that compared to hers are very poor. I suspect that her solicitors slowness, is to try to push me into making a decision without it going to court.

Some weeks ago I obtained the property kit from my local registry, and a few day ago filed it for hearing. Yesterday I recieved another letter from the respondants solicitor, with basically saying, accept or go to court.I am about to serve the papers on her solicitor, but was advised that I would do well to obtain a solicitor, this I cannot do for financial reasons. I did make application for legal aid, but at least in my state, legal aid for propertyorders by themselves will not be granted.

I am prepared to accept the valuation given by the court. However I feel that the other parties solicitor may withhold orgloss over facts, which indirectly impact on why the pool is only 50/50, when if these were taken inti account it would be higher..

I am in that little Island in thesouth, and as the hearing is listed for end of March, is there any way I canget someone "to hold my hand a little" understanding that my honest presentaion, may be outfoxed by the legal brain. Another well meaning person indicated to me that judges do not like people who represent themselves.

Thank you for your help and interest.

Last edit: by Secretary SPCA

Re I need help bad

Earlier today I placed a request for help.

Have spent a fair bit of time reviewing the site, and made a small donation and more to come in forth coming weeks.

This site is really great.  Whilst reviewing the SRL part, I got the impression that SRL does not cover my area of concern.

Tried to obtain legal aid, who told me no, not for property.  Have a quote for a solictor to represent me in court $4000 which of course I do not have.  I am feeling very alone at moment.

I do not believe that I am making an unjust claim, and am prepared to accept the judges findings.

Could someone advise if I am understanding correctly about SRL, as the last thing I would want to do, is clog up that area with my humblen problems.

Thank you all
Firstly have you filed as Applicant in your home state?

From what you have written here it appears that the solicitor for the other side is trying to bluff you. You are entitled to withdraw your offer in writing and in doing so express the unfairness of the offer. Mentioning a upwards revised offer would send a message to her solicitor.

Without knowing more it is frivilious to suggest possible remedies until you are on the secured areas of this site.

More specific responses colouringin the spaces unbridged by your comments is needed. Your information does not equate. If there are no children and both have contributed equally, how is it that you are seeking less than 50%.

If you understand what an ambit claim is, that might define the offer from the other side. The threat from the solicitor is to be expected.

Unless you are able to post in secure layers of this site any experiences shared with you could be simply read by the other side.

Achieving a negotiated outcome is your first option. It remains alive at all times until a judge adjourns to make a judgement.Consumimg your life with legal arguments is not ideal at your age.

Have you read the Start Up sections and followed the instructions?

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
See http://flwg.com.au/forum/pg/topicview/misc/3473/index.php&kfs125=0

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
The fairest way to deal with all of this is to have the property sold and split the proceeds 50/50. In the circumstances you have no children and therefore as you contributed equally it seems only fair to disburse assets that way. I would be suggesting to her that time has run out, its time to sell the property and split the proceeds. Who is on the title? Is there a mortgage and banks involved?

Where on earth did you get the initial advice that suggested you needed to make a 33% / 66 % split…

Taking the court valuation may well be a good move as property values continue to decrease rapidly, sales are difficult to get and in this case possession is paramount meaning you are not in any strong position. What sort of agreement did you have initially? We have dealt with cases where it has taken us over two years just to evict a party and auction a property and that was with the bank cooperation. Nothing is easy in these property cases where one party has possession of the asset and is living there.

You would need to see if you are better off selling the property in current market conditions or getting a  percentage of a value set some time ago when conditions were better. When was the court valuation made and how?

The LFAA have a Director / Executive solicitor in Tasmania if that is the Southern Island you are referring to who may do it "On account". For a moment I thought you were referring to New Zealand where we can also recommend contacts to assist you. There are lots of options for you and you will need to get into a private forum such as those maintained by the SRL-R group.



Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Hi Herkman,  have you approached the local RSL or veterans groups in your state, they may be able to provide some assistance on the home front.   sorry for the one liner

From a Lynham and Brize brother!

Herkman said
Earlier today I placed a request for help.

Have spent a fair bit of time reviewing the site, and made a small donation and more to come in forth coming weeks.

This site is really great. Whilst reviewing the SRL part, I got the impression that SRL does not cover my area of concern.

Tried to obtain legal aid, who told me no, not for property. Have a quote for a solictor to represent me in court $4000 which of course I do not have. I am feeling veryalone at moment.

I do not believe that I am making an unjust claim, and am prepared to accept the judges findings.

Could someone advise if I am understanding correctly about SRL, as the last thing I would want to do, is clog up that area with my humblen problems.

Thank you all
Herkman (pre series J?) - I spoke with 'our' equivalent of the Flight Eng yesterday - because he sits up front he thinks he is God! I will go through your info to see what is what.

LM brother
Monteverdi

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
It will please you to know two things.

My ex had not been telling all of the story from my financial contributions point of view, particularly in regard to contributions to her children.

It also appears as if she were loath to declare all of her finances.

They have now come back and will give me what I had asked for.

Must make it very hard for any legal man to give good advice, when the whole story is not told.

In the mean time lots of money been wasted at the other end.  I bet the story is familiar to you.

Once again thanks for your help, If I can be of help in any way, please sing out.

Regards
Herkman said
It will please you to know two things.

My ex had not been telling all of the story from my financial contributions point of view, particularly in regard to contributions to her children.

It also appears as if she were loath to declare all of her finances.

They have now come back and will give me what I had asked for.

Must make it very hard for any legal man to give good advice, when the whole story is not told.

In the mean time lots of money been wasted at the other end.  I bet the story is familiar to you.

Once again thanks for your help, If I can be of help in any way, please sing out.

Regards
 
Herkman - When a client tells lies to their lawyer, the legal advice they receive is about as usful as a flt eng on a J model!   ha ha

Monti - forward one unit, steady, hold - hooked, load secure - forward two units - hold……….

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
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