NSW Property Settlement - How to Force Property Sale?

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Shapely

Active Member
22 December 2016
12
1
31
Hi All

I have a house in joint ownership with my ex. He is no longer participating in property settlement negotiations since the conciliation didn't go his way (his half truths and lies were uncovered there). The house has no equity and getting less by the day.

I had been living in the house and paying all associated costs, however, I have moved closer to family. I anticipated the house would be sold and even if the % split couldn't be determined at the time, it would be held in trust until such time that's sorted. However, I cannot get any response from him now.

I no longer am able to sustain the mortgage and he has no means, but because he is holding up settlement there is no consequence to him. The magistrate did point out that we were jointly responsible for the mortgage when this came up at conciliation.

My plan is to inform the bank its in settlement process and stop paying.

How can I force a property sale? Is that a trial?

Despite being the respondent on this matter, it looks like I will now have to initiate further legal action to be rid of this house. He has refused all offers to settle, and no longer responds to communications from my lawyer

Do I have any other options? Not prepared to tenant it and ignore the issue I need it resolved
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Is there a caveat on the house?
 

Shapely

Active Member
22 December 2016
12
1
31
No, not that I am aware of anyway, but it is in joint names (so I can't up and sell it by myself). I am concerned one might go on as unsure how he is covering legal fees.