2 Comments Family & de facto law, financial agreements, consent orders
Please do not consider this information legal advice.
Dear Posseh, If both parties want to buy the other out of the house, and both parties are in a financial position to do so and neither will agree, then a Judge could order that the house be sold and the net proceeds be divided. The fact that he has been living in the house versus she renting somewhere only means that the difference in expense is taken into consideration when calculating the settlement amount. Aftter all, her monetary share of the property is still tied up in the asset and thus she is entitled to a share of the growth in value during the separation period. AussieLegal.
Too often the 'Home', gets in the way of common sense....put it to auction...the best way to determine value on the day.... either way the home is just a house...put your blood sweat and tears into something that has no bad vibes...sell to her or someone and move on.
stay outta court!
mike gerard 38545.6172916667