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selling when co-owner won't consent

Printed From: AussieLegal
Category: Business, Commercial, Property, Contracts, IP
Forum Name: Franchises, Leases, Litigation, Trusts, Building, Debts
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=25008
Printed Date: 19/April/2019 at 08:19


Topic: selling when co-owner won't consent
Posted By: WaynesSister
Subject: selling when co-owner won't consent
Date Posted: 11/March/2018 at 14:13
I'm asking on behalf of my brother. He is 50, married 20+ years, separated 9 years, divorced 4 years. Only 1 child who is now adult. They had only 1 house in joint names, nothing much else, the house is almost paid off, he lives there, she rents elsewhere.

I understood they signed a property settlement about the time of their divorce but apparently it was only ever verbal, she "delayed" signing it.

She is now getting married again. My brother wants to sell the house. Ex keeps right on "delaying". He is convinced he can't force her to sell and also thinks it will cost him $100,000's to take her to court. He is now worried her new husband will have claim on their house.

As the Family Law provisions are now well out of time, how else can he resolve this? Can he resolve it by application for a court order to have it sold? How much would this likely cost him?   Can she 'contest' such an order similar to contesting family law negotiations? Or is it a much simpler process? Where could we find out?

If he fails to resolve this now, can her new husband make claim on the house later? How much later? Shortly after wedding? Or 4-5 years down the track?

Your advice would be appreciated.



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