by FedUpWithEx  17/11/2012  297 Page Views
4 Comments  Family & de facto law, financial agreements, consent orders
Hi. I'm new to this forum. I have read lots of the posts but not found the answers I am after yet. Hoping for some help.

A bit of background: Separated from Ex Husband in 2010. I moved out of jointly owned marital home (MH) and rented, Ex still living in MH. We have 50/50 shared care of 2 children. Still not divorced.

I have been trying to come to amicable agreement for past 12 months or so to have MH put on the market so that property settlement can be reached. I've tried verbal discussions with Ex but that has not gone well.He keeps saying that the house will go on the market by a certain time but that date comes and go's and he just delays further. Over the past 3 months I've been putting requests in emails to him but he never responds to them. The situation is causing more and more tension between us and the kids are picking up on that now. I've explained this to him but he doesn't seem to care.

I've sought some initial free legal advice and been given some information on possible % property split but no-one seems to be able to give a direct answer on whether I can force the house to be sold.   I've initiated property mediation through Relationships Australia but again Ex won't come to the party with that either. I have recently moved in with my parents to save some money while I try to sort property settlement (which I'm sure will go on legal fees). My frustration levels are at an all time high!! I'm a relatively low income earner and REALLY don't want to spend money with lawyers but it's looking like I will have to. I feel I've tried everything I can to sort things in an amicable way, but I'm just dealing with a very difficult person who won't co-operate.

Ex living happily in MH and letting it get more and more run down, while I'm back living with parents. Not a good situation for me or the kids.

I've made an appointment with lawyer for first week in Dec, but the thought of paying legal fees is killing me. I was quoted $455 per hour (just to get advice). Spending $1000's on legal fees is crazy, but what other choice is there?

I'm looking for advice on the best way to move things along in the most cost effective and easiest way (if there is there such a thing?).

Can I force a sale of the jointly owned house? If so how can I do this?
Do I need to engage a lawyer to do this or can I file orders with the court to force a sale myself? What are my options?

Any advice is much appreciated!