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WA De Facto Relationship Separation - Sell House?

Discussion in 'Family Law Forum' started by tyn, 4 January 2015.

  1. tyn

    tyn Member

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    I'm in a de facto relationship. My de facto and I are separating ( separation). The house is in both our names, can I be forced to sell?
     
  2. Tracy B

    Tracy B Well-Known Member

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    The house will be split between both partners. It is best if you agree with your ex partner what will happen to the house (e.g. one partner could buy the other partner's shares, you could continue to jointly own it and rent it out and keep part of the rental income). If one party wishes to sell and the other does not, then that party may apply to court for an order to sell or order to partition and then it will be up to a court to decide. In this case, the court will consider the interests of the other (unwilling) partner and any third party interests.
     
  3. Sophea

    Sophea Well-Known Member

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    Further to Tracy B's comments, if both of your names are on a mortgage over the house, things may get a bit more complicated as you will need to pay off the mortgage in order to release either or both parties from it. You cannot simply have one person retain the mortgage, even if the other person buys them out.

    These other LawAnswers Family Law Forum posts might be of assistance to you.
     

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