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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5410
Experience:  Dip Law LPAB - Sydney based lawyer
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I had a legal deed of agreement that I owned 75% of our home

Customer Question

I had a legal deed of agreement that I owned 75% of our home through my partners consent and an agreement on him having to fix our home for sale back in 2010 this was not carried out. We have 3 children to whom I take care of the dad remains in the home with constant arguments and neglect to the home maintenance and agreements. He says my deed and house sale or maintenance have expired and he hasnt breached? Is this true.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
Can you send a copy of the deed?
Customer: replied 1 year ago.
I am looking for it and will attach asap
Customer: replied 1 year ago.
I have sent deed do you have it yet
Customer: replied 1 year ago.
Hi are you still with me or will you email.
Expert:  Patrick H. replied 1 year ago.
I will respond later when I get a chance, however in the meantime, could you elaborate and explain why the property was never ultimately sold? Has anything happened or been done to the property since? Has the property been remortgaged or any such thing?
Customer: replied 1 year ago.
The property was not sold as Alan had no money and his Boss at the time reported to my solicitors letter for a final sale date to be extended as he would take more time to seek finance to assist. I had agreed at the time as I couldn't support the kids with the sale change, I was renting due to domestic violence in our family home and had to move children back. Alan continues to use money as his excuse to have not done anything to this day, but accumulate plumbing utility water and rate debts to which I support and pay on top I support children with no help from Alan. Alan has continued to cause domestics using his mother as a second home base during perfusive conflicts. I have had many altercations with his friends family society and loss of my own family and friends. I had intervention orders in the past while trying to raise the children in his unprovoked mood swings and demands... He has told me to Fk off on many occasions I have fought this by researching counselling study and hopefully legal advice. I asked a lawyer once for advice who wanted $2000 first. I did not seek any further help until now these outburst are stressing myself and children again as they are now growing teens and the fact Alan has not fixed anything is draining our fight to find solutions.
Customer: replied 1 year ago.
I will send pics of the home in the morning due to night hours at the moment.
Thank you
Expert:  Patrick H. replied 1 year ago.
If extensions have been granted by agreement with your former partner then it is not at all clear that you are out of time to enforce the agreement (that will depend on a close analysis of the history and detail of the agreed extensions, but you must act urgently as failing to enforce the agreement does create a real risk that it will eventually expire, though I suspect you are not yet out of time). For this reason you should institute proceedings to force the sale of the property so you can obtain your share as per the agreement, or sue him for the value if it appears he wants to keep it (if he cannot buy out your share then the sale will be forced eventually in any event).If you need help finding a suitable lawyer to enforce the agreement contact the Law Institute of Victoria: trust the above assists your understanding of what you need to do.Good luck and please rate my answer.Patrick