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NSW Divorce between Sister and Brother-in-Law - Can He Force a Sale?

Discussion in 'Family Law Forum' started by Lynne, 29 June 2015.

  1. Lynne

    Lynne Well-Known Member

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    My sister (estranged) and brother-in-law are going through divorce property settlement. She got him out of the house after taking an AVO out on him for domestic violence (totally false).She wants to keep the marital home which is fully paid off. She has offered him ridiculous amounts to settle, and it will be going to court again next month. She is totally unreasonable and greedy. Can he force the sale of the home?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Can he force a sale? No, not without consent of the other party, but the court most definitely can order the parties to sell if deemed necessary to ensure the settlement is just and equitable.
     
  3. Lynne

    Lynne Well-Known Member

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    Thanks for your reply.
    My b-in-law wants to get updated valuation on property but ex wife will not let anyone to do with him on property(jointly owned).He did manage to get a 'soft' valuation done but it states that in cannot be used in court.How can he get valuation done so it can be used in court.She has been stalling and mucking everyone around for over two years now.
     
  4. AllForHer

    AllForHer Well-Known Member

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    So they still jointly own the property? He doesn't need her consent to be there. If he wants to bring someone to value the property, he is free to do so, and the other party has no grounds on which to refuse it.
     
  5. Lynne

    Lynne Well-Known Member

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    Sister had AVO put out on him which was dismissed but he was advised not to contact her in any way.He tried fo have valuation done before which was all organised, but she wouldnt let him in.There is a big discrepancy ubetween her valuation and his.As they cannot agree on anything and she will do whatever dirty tactic she can to keep the house, what is his next step
     
  6. AllForHer

    AllForHer Well-Known Member

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    Has a property settlement been filed with the court?
     
  7. Lynne

    Lynne Well-Known Member

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    Yes-they have bern to court a few times already.Judge told them in April that she wanted them to agree on a settlement asap and she was hoping she wouldnt see them againb but set a court for
     
  8. AllForHer

    AllForHer Well-Known Member

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    Make sure the husband records all attempts to settle/get valuations done. If the court feels the wife is stalling, it may order costs against her. The husband may wish to file an application in a case requesting orders for a valuation on the house to be completed. It may speed the process up.
     
  9. Lynne

    Lynne Well-Known Member

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    Thank you very much for your help.
     
  10. Lynne

    Lynne Well-Known Member

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    Good morning
    Just a quick question-is a retrenchment package included in a family law settlement?
     

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