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qldlawyer, Solicitor
Category: Australia Law
Satisfied Customers: 13
Experience:  LLB (Hons)
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hi my name is paul.. the question i need to ask is.... when

Resolved Question:

hi my name is XXXXX XXXXX question i need to ask is.... when my ex wife and i divorced we had legal papers drawn up regarding the family house.. we had it put that the house could not be sold until our 3 children moved out.. then the ex had to sell and divide the money between the 3 children..... i have just seen that the house is up for sale....but all 3 kids still live there with there mother....
Submitted: 6 years ago.
Category: Australia Law
Expert:  qldlawyer replied 6 years ago.
How old are the children?
Customer: replied 6 years ago.
twins 21 and boy 24 but age doesnt matter its stated until all 3 move out
Expert:  qldlawyer replied 6 years ago.
Have you spoken with your children as to what is happening? As I do not have the agreement before me the specific terms of the agreement cannot be discussed. However from your information given it would appear that pursuant to the agreement the house cannot be sold until the children move out. However, if all of the children have agreed to move out upon the sale of the property whilst this might breach the agreement between you and your ex wife and you could seek enforcement of the agreement and an injunction preventing the sale until the children all move out the cost of seeking such court orders may be excessive given that if the house is sold and the proceeds divided in accordance with the agreement you have not suffered any loss.
Customer: replied 6 years ago.
this is a excert of the document...
A. that pursuant of section 81 of the family law act 1975 the parties intend that these orders shall as far as practicble finally determine the financial relationship between them and advoid further proceedings between them.
B. That the parties have agreed upon the abovementioned terms of order with the intention and desire to provide for the future welbeing and welfare of the children. The husband has transferred his interest in the property to the wife in the knowledge that she will be retaining the property to the wife and the children into the future. It is intended by the parties that the home be retained for the benifit of the children. When all children have left home to reside elsewhere then it is agreed that the wife will attend to sale of the propery and divide the proceeds of sale between the children...
PLEASE NOTE... the children are not moving into there own homes,they are going with their mother.
Expert:  qldlawyer replied 6 years ago.
Ok, from the information provided the agreement in relation to the sale of the former matrimonial home is not an order of the court as it states "THE COURT NOTES" accordingly it would not be enforceable in the Family Court as it was not an order of the court merely an acknowledgment of the intention of the parties at the time the orders were made. If you wish to try to enforce the agreement between you and your ex wife then you should consult with a local solicitor and request they brief counsel for an opinion on whether the agreement between you and your ex wife which underlies the Family Court orders is enforceable.
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