My former de facto partner and I have been separated for 3 years. We have two children. I have primary custody of our youngest son who has autism and I have our oldest daughter 6 nights a fortnight. At the time of separation, she moved out and I stayed in our home and have been solely paying the mortgage since then. My ex refused to agree to sell the home until recently when I hired a lawyer (I have been with my current partner for a year and the financial strain of paying the rent at her place and paying my mortgage was too much) so it has only just gone on the market. As I'm trying to sell the house, I have moved into my partner's home in order to paint and do minor renovations. My former partner has discovered that I'm not currently living in the home and has said that she no longer wants to sell and wants to move in. She's been quite aggressive about it. I'm worried that if she chooses to pursue this, she doesn't have the capacity to pay the mortgage (she doesn't work, has mental health issues and often 'disappears' for weeks at a time) and that I will end up still paying for the house with her living there for free. My current partner and I cannot move on with our lives and move into our own home until this property is sold and it's causing a lot of strain. As my current partner also has two daughters neither of our homes is suitable for a family of six. What are my rights in this situation? What is the best course of action? My biggest mistake was not refinancing or organising property settlement from the beginning.