QLD Evicted from property to sell - can this be done?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

To A New Life

Member
17 July 2019
4
0
1
Hi,
My ex and I were married for 32 years, with DV throughout the entire time. Ex was removed from the property due to DV matter and the deeds of the property are in my name.

Ex has demanded that I move from the property and that the property be put on the market within 14 days of signing orders. I cannot vacate the property in 14 days as we have a house full of items that I need to relocate, sell or dispose of and have proposed 21 days, I'm trying my hardest to prepare the property now but 14 days is impossible.

Questions:
1 - Is 14 days standard to put a property on the market? On what grounds could I request 21 days?
2 - What happens to all the belongings in the home if neither of us want them? Can I sell or dispose of them? Who is responsible for this cost?
3 - I don't want to move out of the house, is it reasonable to ask that I stay in it while it is on the market if I keep it well maintained?

Appreciate your responses.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
slow down....
Has ex written to you directly?
Does he have an avo against him?
Are both names on the title (deed) of the place or just yours?
Finally, the house has not sold? True?
Is there a court order / consent order stamped by the court directing you to vacate?
 

To A New Life

Member
17 July 2019
4
0
1
slow down....
Has ex written to you directly?
Does he have an avo against him?
Are both names on the title (deed) of the place or just yours?
Finally, the house has not sold? True?
Is there a court order / consent order stamped by the court directing you to vacate?


His solicitor has written to me and has also presented an Application to the courts to sell the property (which I don't object to selling) with the condition that I vacate from the property.

I have an AVO against him, yes

My name is the only name on the deeds

The house has not sold as yet.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
see if you can get good legal advice, not just a punter like me on a website. You should ask about victims of DV services often have some legal assistance you can access.

It seems unreasonable for you to have to vacate, not until the place is sold.
You're gonna have to see a solicitor though. Any binding agreement pertaining to property requires you to have legal advice.
 

To A New Life

Member
17 July 2019
4
0
1
Thanks @sammy01

If anyone else can provide any information, i'd greatly appreciate it.

Legal advice has cost me over 100k and I can't financially afford it. I feel like just giving in and giving the ex everything he wants, the legal system is so unfair and sided towards those that have large funds of money to pay for solicitors.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
His solicitor has written to me and has also presented an Application to the courts to sell the property (which I don't object to selling) with the condition that I vacate from the property.

I would be just responding that you require more than 14 days. Particularly taking into account your medical concerns...

As for eviction... Won't happen. Perhaps if you disregard court orders & it's taken back to court, but ATM there are none