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My Ex partner wants the family home

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HorseMum View Drop Down
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Joined: 28/September/2017
Location: Australia
Posts: 2
  Quote HorseMum Quote  Post ReplyReply Direct Link To This Post Topic: My Ex partner wants the family home
    Posted: 28/September/2017 at 04:32
My ex partner refuses to negotiate a settlement and just wants to fight to win. He has now decided he wants the family home which I currently reside in with the kids 5 days out of 14 ( he is also trying to get 50/50 custody despite a family report being very unfavorable to this and the kids not wanting this)
My fear is ( and his lawyer is suggested this is the case) that he will be able to 'outbid" me ( he has very wealthy parents) and get the property. It is acreage as my daughter is an avid horse rider and I have improvements to the property since he left (ie horse shelters, arena and fencing). There is no mortgage on the property and he lives in a house in town that we own as well.
The property is going to undergo expert valuation for court.
My question is this - will the court award a decision based on the assets and valuation or because the property is the contested item will it come down to who is prepared to 'pay' more for it in the settlement ( in which case him as money is no object due to his Mummy and Daddy!!)
Incidentally he is a doomsday prepper and wants the property to 'prep'. He has little to do with our daughters horse riding activities.
Im petrified I will loose the property and my daughters passion for riding will be significantly curtailed.

emca01 View Drop Down
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Joined: 20/July/2012
Location: Australia
Posts: 2233
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 08:37
my understanding is the courts will likely provide a scenario where you can re-finance and buy him out and in the event that you choose not to OR financially are not able to then he will have the option of buying you out.... Nope it won't be a bidding war. The courts will look at all the factors - superannuation / other assets etc then determine that things should be split...

Now just checking because I think I'm confused or you have not communicated correctly??? no offence.... BUT the kids live with you 5 days out of 14? so dad is the primary carer at the moment??

HorseMum View Drop Down
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Joined: 28/September/2017
Location: Australia
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  Quote HorseMum Quote  Post ReplyReply Direct Link To This Post Posted: 29/September/2017 at 14:02
Sorry - my bad communication. I'm the primary carer. I'm hoping the court will take into consideration the need for the property to be retained by me for my daughters horse riding as well.

DoogleMcFroogle View Drop Down
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Joined: 09/July/2013
Location: Australia
Posts: 140
  Quote DoogleMcFroogle Quote  Post ReplyReply Direct Link To This Post Posted: 02/October/2017 at 16:47
Apply for sole occupancy based on that you are primary carer and require the larger place to continually house the children and for ease of continuing " extracurrircular activities "
If you wish to keep the property, you will need to pay him out or vice versa

Is it worth him paying you out, and you keeping other house and then buying a block of land for your daughters horse, ( or consider agistment ? )


Edited by DoogleMcFroogle - 02/October/2017 at 16:51

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