My wife and I are separated. I live in the house, the wife resides elsewhere. Our house is listed on the certificate of title as tenants in common (me 25% share, wife 75% share). My two children (14 & 15 yrs) both come for access visits and have their own rooms. My wife wants to sell, I don't. Will an order from the family court prevent this and is it needed? (the wifes children do not live here and are adults).
Attempts at communication.
Will an order from the family court prevent this and is it needed? If you wife seeks an order from the Court that the house be sold, and the Court grants that, then the house must be sold. However, your wife cannot sell the house without obtaining such an order. So if you don't want to sell, there is nothing that you have to do. She is the one who has to go through the trouble of applying for a Court order, and if she does, you would get a chance to tell the Court why you don't think the house should be sold.Should you have any other questions, please let me know. If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Family court aside, can the wife gazump me in any way, ie gift her share to others and/or make life difficult?
Also, is there anything I need to do to pre-empt actions unknown on her part? I am currently paying the lions share of the mortgage and have been paying all bills and utilities for ten years (with records) with the joint intention that 50% of this is credited towards an eventual equal ownership. There is no co-ownership agreement.
can the wife gazump me in any way, ie gift her share to others and/or make life difficult? If she tries gifting away matrimonial property, the Court will take those gifts out of her share.But there are no pre-emptive actions you can do here, apart from asking her to take part in a mediation so the two of you can discuss things and maybe reach agreement on where to go from here.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
I did my law degree at the University of Queensland
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).