Want to Sell a House after Divorce?
Want to Sell a House after Divorce? What You Need to Know
Disclaimer: Image Realty is not a legal firm and does not give legal advice. We always advise consulting with a Qualified Family Law Solicitor to get legal advice and assistance when separating assets or property on the dissolution of a domestic relationship. While the following information was gathered from the Family Law Act of 1975 legislation and the AustLII Australasian Legal Information Institute, it is in no way legal advice. Every case is different, and only a lawyer or legal centre can give qualified advice about what’s best for you and your situation.
The end of a relationship is never easy. Add the complication of property and assets, and it can become overwhelming. There are time limits to complete settlement or lodge a property settlement dispute with the Family Law Court of Australia or Federal Circuit Court of Australia as stated in the Family Law Act of 1975:
- Defacto couples: there is a 24-month time limit from separation.
- Married couples: there are 12 months from the date of the divorce.
What to do when your ex won’t discuss property settlement
You and your ex-spouse may have separated on reasonably amicable terms but can’t get to the point of discussing property settlement without tension.
The relevant Courts always require a genuine effort to resolve property disputes before applying for orders with the Court.
Efforts beforehand can be:
- Discussions between the parties with draft orders made, even if some points cannot be agreed upon.
- Mediation through a relevant family dispute centre.
- Discussions between lawyers.
Involving a mediator assists both parties to put their feelings aside and look at how they can be financially separate. Most assets can be separated successfully, but what if the home is still an issue and one partner refuses to negotiate?
How to sell a house if one partner refuses
Most of the assets have been discussed, and now you want to sell the house. But what if your ex-partner refuses to sell it but won’t discuss buying you out. What is your next step?
In this case, your lawyer may advise that it is time to make an application to the Family Court or Federal Circuit Court of Australia. Both these courts have the power to:
a) order the house’s sale with the funds held in trust until a financial binding agreement or order is made
b) Order the house sale and distribute the funds as they order.
Selling your house after divorce
Selling a home that holds memories and being around your ex-spouse after a problematic property settlement is stressful and can be an emotionally draining experience.
Image Realty offers tech-based solutions and an empathetic approach to client services to help minimize this difficult time. We understand that up to this point, you may have had a difficult journey, and we will assist in keeping this transition as gentle as we can for you. We’re happy to help with professional yet compassionate communications and negotiations – you won’t even need to be in the same room as your ex-spouse, and that’s okay.
Contact the Image Realty team
to discuss your individual requirements.