Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

ACT Family Law - Can Ex Force Me to Sell House?

Discussion in 'Family Law Forum' started by Tracey67, 23 April 2016.

Tags:
  1. Tracey67

    Tracey67 Member

    Joined:
    23 April 2016
    Messages:
    3
    Likes Received:
    0
    I am living in the matrimonial home with our 4 children. I want to buy the home but my ex wants more than I can afford. He says if I can't pay him what he wants, we have to sell. I want to keep the home because I don't want to disrupt the children. Can he force me to sell the house under family law?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,400
    Likes Received:
    369
    It's ultimately a situation you need to negotiate with your husband or resolve by way of application to the court. Why don't you both get an independent valuation of the house? Are you offering him under market value?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,576
    Likes Received:
    230
    No, he can't set the price. If it goes to court they will establish a value via an independent valuation company. You then would be given the option to buy him out if that is what he agrees or he could offer to buy you out, but him setting the value isn't going to happen.
     
    Tracey67 likes this.
  4. Tracey67

    Tracey67 Member

    Joined:
    23 April 2016
    Messages:
    3
    Likes Received:
    0
    Thanks for the reply. What I've offered him constitutes a 35/65 split in my favour. He thinks this is unfair and wants 50/50. The kids spend majority of time with me. It's all the bank will loan me. Do you know how the court may handle this ?
     
  5. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,576
    Likes Received:
    230
    Does he want more time with the kids? Look, asset division is impossible to provide an answer on through a website like this. There are so many variables.

    Are you presently still living in the house? Who is paying the mortgage? Might be best to put it on the market. But even then, if it sells what then if you don't have an agreement about how the assets get divided?

    I reckon you need mediation and good legal advice.
     
  6. Tracey67

    Tracey67 Member

    Joined:
    23 April 2016
    Messages:
    3
    Likes Received:
    0
    He says he wants the kids half the time but only once settlement has occurred.
     
  7. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,593
    Likes Received:
    490
    What are your grounds for 35/65? Why shouldn't he get more?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;