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SA Separation - Ex Wants to Back Out from Selling House?

Discussion in 'Family Law Forum' started by Leon8879, 28 July 2016.

  1. Leon8879

    Leon8879 Member

    28 July 2016
    Likes Received:
    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.
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
    Likes Received:
    Get it sorted, ASAP. Why? Well, let's imagine you leave it. You pay the whole thing off and sell it for $500 000. You won't be able to access those funds without her signature and she won't give it, she will want half or more and you'll not have a leg to stand on.

    So go get a solicitor to write to her and tell her she has to agree to sell the thing or risk court and a cost order against her. It is a bluff. But you're gonna need to get this sorted legally and any property settlement requires both parties to get independent legal advice.

    My thought - offer her XXX. Let's say $10 000 if she plays nice. Really you're paying her to go away but it will be cheaper than court.

    Or plan B - make the court application requesting that her name is taken off the title. Hopefully, she won't show for the court hearing and then the magistrate will make a decision in your favour.

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