Recent Feedback
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).
Optional Information: State/Territory: WA Already Tried: 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.
Experience: I did my law degree at the University of Queensland