NSW Emptying of the sold family home

[diamond2579]

My husband and I are separated. Our house has been sold, settlement is on 20/11/2020. I have moved out and removed all my items. I am currently living with neighbours. He previously agreed to take all the remaining items left in the house in enough time for me to give a final clean before the new owners move in. As the date has drawn closer he has not done so despite being given a one week notification then two weeks of free access. We are only 9 days away from settlement. After the two weeks were over I was allowed back in the house. He has taken very little, packed one or two boxes and ripped some stick on hooks off the walls leaving damage. There is other minor repair work that also requires to be done. Where do I stand in regard to any costs that are incurred to me as a result of the house not being ready for settlement? Both our names are on the title deeds.
Thanks you
diamond2579

 

[Rosscoe]

I would be pro-active and sort the house out so that you obtain max value and are not in breach of a condition of sale etc.

First port of call would be to split the costs to get the house ready for settlement. E-mail your ex and ask for payment in respect of his share. Failing that it will be still feasible for you to incur the costs and include them as a liability in your asset pool when you get to property settlement.

 

[Atticus]

I assume both your signatures are on the sales contract as vendors?

You have done your bit & given him notice & opportunity to do his bit. I suggest if he hasn't & the purchasers want to make a complaint, that any complaint/bills for repair be directed to him as the responsible party for causing the damage & not removing items as agreed.

On another point. Is this sale part of a formal, legally binding property settlement?

 

[diamond2579]

My husband and I are separated. Our house has been sold, settlement is on 20/11/2020. I have moved out and removed all my items. I am currently living with neighbours. He previously agreed to take all the remaining items left in the house in enough time for me to give a final clean before the new owners move in. As the date has drawn closer he has not done so despite being given a one week notification then two weeks of free access. We are only 9 days away from settlement. After the two weeks were over I was allowed back in the house. He has taken very little, packed one or two boxes and ripped some stick on hooks off the walls leaving damage. There is other minor repair work that also requires to be done. Where do I stand in regard to any costs that are incurred to me as a result of the house not being ready for settlement? Both our names are on the title deeds.
Thanks you
diamond2579

Thank you Rosscoe and Atticus for replying to my dilemma. You have both made some very good points.
Rosscoe, the contents of the house have been divided. As I am leaving the state, the agreement was that he would take the contents including the furniture, TVs, Beds, Kitchen items etc. There is an agreed value of which he was to pay half in the property settlement. The main issues arise due to the fact that he constantly ignores any requests to move the process along and has behaved in threatening ways in the past so I have stopped having any communication with him.
Atticus, the sale is part of a formal, legally binding property settlement. My ex-partner seems to think he is above all the guidance he has been given from his solicitor and just chooses if and when he will do anything towards settlement. I am becoming very stressed as to how the sale will reach settlement while he is 'dragging the chain'. I have asked my solicitor about getting documentation to relieve me of any costs incurred due to his procrastination yet this seems to be not forthcoming at this time.

 

[Atticus]

the agreement was that he would take the contents including the furniture, TVs, Beds, Kitchen items etc.

In family law, the value of furniture items & chattels is their second hand value only.

If there are items left that he hasn't taken, i recommend you call a second hand dealer to come & take them at whatever price they are willing to give. Get an itemized list of sale to keep as proof.... If there are any items left after that, you may have to get a rubbish collection company. Shouldn't cost too much, get a receipt....

Is your ex a co vendor on sales contract for the house? ... If so, then I suggest you tell the real estate agent doing the sale to direct any complaint or blls for damage done to your ex. It's his doing & his responsibilty.

There is an agreed value of which he was to pay half in the property settlement.

Where is the proceeds of house sale going on settlement date? Solicitors trust account or somewhat else?