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
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