QLD Can I Force Property Settlement?

[Quesera]

• I was forced to move out of our property and have been renting for 2 years.
• My husband will not sell the property to have a property settlement with me and has his new partner moved in.

Can I force him to sell property?

 

[AllForHer]

You can't force him to sell the house, but you can commence the process for a property settlement. If the parties can't agree on a settlement and you ask the court to decide the matter, it may order the house be sold in order to cover the property settlement.

Your first step is to contact Legal Aid, Relationships Australia or similar to organise a family dispute resolution conference with the other party to try and reach agreement about the property settlement. If agreement can't be reached, you'll be issued with a s60i certificate, enabling you to file an initiating application for property orders with the court.