A reader needs to sell the home so she can leave a broken relationship.
QUESTION:
My partner and I bought a house 14 months ago. We lived in our own homes prior to that.
Trouble started as soon as we moved in together. Things were not working out (blended family, five kids). I realised the move was a mistake and suggested we sell our mutual assets and move on.
How can this relationship be dissolved? Everything was purchased and paid for 50:50. We have been together less than two years so not de facto.
My partner is refusing to sell. I need the money to move.
The home situation is hell. My health is affected. I have small children. What are my rights? I need to sell.
ANSWER:
Mediation can be cost effective and time efficient, but depends on your partner engaging in the process.
It is possible to seek an order under the Law of Property Act for the sale of your jointly owned home, even though yours is not a de facto relationship.
Such applications need to be made in the District Court or Supreme Court of South Australia. It is suggested you commence such proceedings without delay.
If you decide to move out for the sake of your health, it is recommended you have the sale proceedings underway before doing so, although it is not essential that you stay.
It will be necessary to obtain legal advice. You may be able to obtain initial advice from the Legal Services Commission but it is unlikely you would receive legal aid for a property matter.
It is understandable you see the only solution to be dismantling the present situation and resuming your previous life style. If your partner objects, that could mean he might be willing to seek help in addressing the problems. Counselling would help. Whatever action you choose, support and guidance would be valuable.
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