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.