WA Property Rights - Forcing a Sale of Property?

[KJ333]

I am living with my husband and two kids, My husband and I have agreed that our marriage is over (husband has a range of mental health issues). My husband is drip feeding me money as I don't work. Meanwhile, bills are piling and I feel controlled - amongst many other emotions (given his mental health, he will spend $80K on new car but refuses to pay kids school fees)...

We have one property we live in and have built three quarters of a house out the back (on one title)... Mortgage is in both names but only his name is on title...

Question - what is my best course of action to force a sale of property? He won't agree to it. I need to leave this marriage but I fear I will be left with no money

Question - should I get my name on the title? If so, how?

Appreciate any information on property rights and guidance here.

Regards

 

[Rod]

Depends on what is most important. Time or money.

Financially it is probably better value to not sell until the other property is 100% finished. Time wise - depends on your ability to cope. Can you hold off till the other property is ready?

Name on a property title doesn't matter for a marriage breakdown and property settlement, particularly when your name is on the mortgage. A judge can divvy up the property anyway they think is fair to both parties.

Take time out to carefully think through what you want. If you can get a away for a few days it might help clear your mind about what is best for you and the kids.

 

[Clancy]

Do you have the option for him to buy you out? Work out a property settlement you can live with, get legal advice on it, dont let him bulley you into agreeing to an overly unfair settlement. Get legal advice on it!

What about care arrangements for the children? If he has mental problems will that be an issue? If he wants time with the kids then better get his ass to the proper mental care professional.

 

[KJ333]

Thanks Rod - money is important at the moment.. I don't want to be destitute and he is capable of doing anything such as destroying the unfinished property which I don't think will ever be finished ...

I suppose the only option is to file for divorce and then I am assuming as part of the divorce its only natural for assets to be sold if he can't buy me out ?

And yes always trying to escape for some time out.

Thanks again

Regards

Depends on what is most important. Time or money.

Financially it is probably better value to not sell until the other property is 100% finished. Time wise - depends on your ability to cope. Can you hold off till the other property is ready?

Name on a property title doesn't matter for a marriage breakdown and property settlement, particularly when your name is on the mortgage. A judge can divvy up the property anyway they think is fair to both parties.

Take time out to carefully think through what you want. If you can get a away for a few days it might help clear your mind about what is best for you and the kids.

 

[Clancy]

Also, since you don't work, you should easily qualify for legal aid.

Also you need to 'officially' be separated for 12 months to get a divorce. If for example, you live together and just say between yourself and your ex that your separated, but don't make any official declaration to an appropriate agency, then later on in a years time when you apply for a divorce you will be surprised to find you have to wait another 12 months of 'official' separation!

Once you do get a divorce, you have 12 months to settle property. What happens after 12 months is unclear to me?

It is usually in everyone's best interest to come to a property settlement out of court, but, an out of court settlement should be roughly based on the same basic principles the court would use to determine the settlement. Your lawyers will explain all this, and once your ex understands how the court works, he will be far more agreeable, that is why you need to encourage him to get legal advice.

 

[KJ333]

Thank you Clancy that's great advice ..

Indicating official separation will send a strong message to him.

Regards
Kate

QUOTE="Clancy, post: 53735, member: 10165"]Also, since you don't work, you should easily qualify for legal aid.

Also you need to 'officially' be separated for 12 months to get a divorce. If for example, you live together and just say between yourself and your ex that your separated, but don't make any official declaration to an appropriate agency, then later on in a years time when you apply for a divorce you will be surprised to find you have to wait another 12 months of 'official' separation!

Once you do get a divorce, you have 12 months to settle property. What happens after 12 months is unclear to me?

It is usually in everyone's best interest to come to a property settlement out of court, but, an out of court settlement should be roughly based on the same basic principles the court would use to determine the settlement. Your lawyers will explain all this, and once your ex understands how the court works, he will be far more agreeable, that is why you need to encourage him to get legal advice.[/QUOTE]

 

[Clancy]

No problem, just finalizing my property settlement this month after separating in January 2015!

The most important lesson i had to learn was that when you think you know someone and what they are capable of, after a separation, you can throw that old rule book out the window! And the other thing is, even though you might feel like you have allot to say.. dont! lol, Good luck.