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Forced Property Sale

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Time101 View Drop Down

Joined: 14/September/2017
Location: Australia
Posts: 7
  Quote Time101 Quote  Post ReplyReply Direct Link To This Post Posted: 14/October/2017 at 03:06
I agree on above comment. Jaazzz

DaveJB View Drop Down

Joined: 11/October/2017
Location: Australia
Posts: 7
  Quote DaveJB Quote  Post ReplyReply Direct Link To This Post Posted: 17/October/2017 at 13:21
Just in regards to her applying to court for "extension of time", I assume she will have to post cost for this and that any actions she is liable.

this would make it an even less case for any financial gain.

Surely the courts would look at the the higher than likely financial losses for both sides to perform sale of property.

The current debt and add-on's will send both of us into debt, or does she just then walk away without having to pay anything - assuming sale of the property does not windfall enough to pay out mortgage

jaazzz View Drop Down
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Moderator Group

Joined: 19/September/2009
Location: Australia
Posts: 6372
  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 18/October/2017 at 21:52

Each party covers own costs unless ordered otherwise. I suspect if you can't reach an agreement on whatever you intend to offer & she feels there is no option but to apply to court to force sale of house in your name, then given the small equity, the court would order you off to mediate an agreement.

If the court had to make a decision & subsequent order, it has the power to alter property interests & apportion debt as it fells just & equitable in all the circumstances..

As I said earlier. Her legal advice would probably be to place a caveat over your title.. She has strong grounds to be granted an exception to the 2 year rule.

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

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