VIC Who pays for a jointly owned property when it is vacant?

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BT63

Member
4 February 2020
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0
1
I am looking for some advice regarding a property matter in relation to a family law issue.

I own a property with my former wife which I have resides in since she decided to leave 4 years ago. We are working through financial settlement which we have agreed will result in the sale of the house - we have agreed on funds will be dispersed and in what percentages.

Orders are currently being written up regarding these matters and they state that I am to be 100% responsible for all mortgage, rates and insurance payments until the completion of sale of the property.

I need to go out and find a rental property for me and the kids to live in. They live with their mum but I have them 5 nights a fortnight and for half of all school holidays. I earn a modest wage of $850 after tax. I can not afford to pay 100% of the house expenses and all the expenses of a new rental. I have put forward that I will give 30 days notice when i intend to leave the jointly owned property after which time we will both be equally responsible for all payments for the jointly owned property until completion of sale.

Is this a fair expectation?
To date this has been an extremely long, drawn out and costly process where the former wife has dragged her heels for a lot of it. Mediation was a nightmare. Our first court appearance it required the coaxing of a barrister and another lawyer for her to understand the simplest of parenting plans was fair and reasonable.

Any advice regarding the financial situation with the jointly owned property would be welcomed. It is unlikely that this process is going to be straight forward and will be dragged out for many many months, I had a realistic expectation that I would be allowed to go and find suitable accommodation for me and the kids in this time.

Thanks
 

sammy01

Well-Known Member
27 September 2015
4,765
689
2,894
how much equity is there in the home?
is there a for sale sign out the front yet?

My thinking is you're better off staying put until the thing sells or agree to put tennants in it. BUT if getting any agreement out of the ex is hard, then staying there and getting it sold asap then moving out is a better option. If the ex is gonna get any money from the sale, she just might be keen to agree to this one. show me the money...
 

BT63

Member
4 February 2020
3
0
1
There is a small amount of equity in the house around $70k. The house is half renovated and it’s not going to go quickly. We had a valuation done which we consider to be on the high side by about $30k-$40k due to the renovations that needs to be done, lack of garage, half paved drive way.
She had been incredibly difficult.
No sign out the front. She won’t agree to a real estate agent ... or she chooses one and then doubles back. Like I said incredibly frustrating.
We won’t be able to rent it out due to the renovation aspect.
We plan to sell the house as is.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,127
957
2,894
I agree, stay put for as long as possible. It is normal to sell a house and stay there until settlement.