5 options...
1. Get a legal document that forces her to leave. That can only be done via agreement or through the courts. As you have mentioned solicitor is already rapturous with joy at your predicament.... He is already planning the holiday you're gonna buy him... OR go find another solicitor because frankly the one you're using seems crap. But it will cost similar
2. self represent - make a court application. Do the paperwork yourself. Not a bad option BUT I don't advise it lightly and it will likely take a year or more.
3. Stop paying the bills / mortgage. There are two ways of going at this, advise the bank of the situation OR just stop paying and save the money... This ain't a bad option.. See she thinks she is entitled to some of the asset (maybe she is maybe she isn't)... When she realises you're prepared to let the bank take it she will lose that potential entitlement - She might well trash the thing on her way out... and good luck getting her to pay for the damage... By the way what is the equity in the place... The more the equity the worst this option is...
4. now before I do 4 I want to challenge you on the 'legally right / safe argument mentioned in your last post... Have you tried to be reasonable? YES.. has it worked? NO.... Legally right... don't know... safe? as far as risk of breach of avo... Yup I'd risk that one...
Mate I live in the country. I don't even know where the keys to my house are.. So to help you understand where my perspective comes from. My ex took an avo against me. 3 kids... Mortgage.. etc etc BIG MORTGAGE. I could not afford rent, mortgage child support, legal fees. She had no interest in negotiating over anything. Why should she? She was living rent free.... Had legal aid. Child support. Govt assistance.She could choose when I saw my kids and if I argued I was breaching the avo and risked jail... Now my ex had her name on the title, so my options were limited. BUT once she started to get letters from the bank telling her that they were gonna take the house because I had stopped mortgage payment, all of a sudden she was very keen to negotiate... So the lesson here is you need to do something LEGAL that changes the dynamic of the situation. I don't know if stopping the payments is your best option given your name is the only one on the title.. BUT you have to change the dynamic somehow. So lets continue with option 4... IF you can sort it so one day she leaves and she can't get back in I would totally do that.... And your situation is awesome... See even IF I had keys to my house and I changed the locks to keep the ex out, IF she broke in she would not actually be doing anything wrong because it is technically HER property..... But in your case IF there is a central security system for all residence and you can legally get your code changed.... that takes the break in element out of the equation. Get to that point and all of a sudden she is going to be very keen to negotiate. I LIKE THIS OPTION.
5. Wait until the avo ends... move back in. Even after divorce without asset division there is NO clear documentation that says she has to leave... true?? and if you move back in and she calls the cops, the first thing they will do is check the records and see that there is a 'history' of DV. They will take you out of that unit in no time... and you will have another avo... fun fun.
oPTION 4 IS THE WINNER. DISCUSS
