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AVO can I force sale of house?

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goodfight View Drop Down
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Joined: 07/February/2019
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  Quote goodfight Quote  Post ReplyReply Direct Link To This Post Topic: AVO can I force sale of house?
    Posted: 09/February/2019 at 01:13
Some of this information is already posted in my other thread, but I will re post for those who haven't read it.

A few months ago my ex took out an AVO with what I consider completely false allegations, so far this has cost me access to my children (I'm meeting with legal aid soon to try and rectify and will instigate mediation proceedings soon).

Now since she won't speak to me at all has just cut all communications cold off, what the question is how do I force sale of the house? Is it possible or can she argue she resides there with my children? Because she has lied to me so much I don't trust her at all anymore and the sale of house needs to happen before we default on the mortgage.

What I'm specially asking is what paperwork /forms / legal process can I start to get the ball rolling on this? I'm only living in Australia some of the time now and seriously considering leaving permanently.

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 09/February/2019 at 05:30
You need to apply for a property settlement, this may involve the sale of the house or she may chose to refinance and pay out the existing mortgage if she can meet the repayments.

You should advise the bank that the property is subject to a property settlement so as to avoid a forced sale.

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 09/February/2019 at 06:52
are you paying the mortgage? if you are then stop. That will get her to the mediation table and will likely make her more prepared to discuss child access

goodfight View Drop Down
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  Quote goodfight Quote  Post ReplyReply Direct Link To This Post Posted: 09/February/2019 at 10:09
We had enough in the bank to pay for 2-3 months (that is coming to an end now) which she transferred to her private account without my consent, that money will soon run out and no I won't continue to pay as I can't leave there she will need to buy me out or sell.

goodfight View Drop Down
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  Quote goodfight Quote  Post ReplyReply Direct Link To This Post Posted: 09/February/2019 at 10:15
sorry just to clarify as I couldn't see an edit post button she has been slowly paying the money she "stole" back on the mortgage attracting high interest by being selfish

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 09/February/2019 at 12:21
You can ask that the money she transferred from the joint account to her own account be taken into account when you apply for the property settlement.

Do not use the inflammatory term "stole" in your affidavit, that will just get the judges back up.

goodfight View Drop Down
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  Quote goodfight Quote  Post ReplyReply Direct Link To This Post Posted: 10/February/2019 at 09:25
I appreciate the tip joe, very easy to get clouded by emotions in these circumstances

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 12/February/2019 at 05:50
have you tried to organise mediation? Call Relationships Australia asap

goodfight View Drop Down
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  Quote goodfight Quote  Post ReplyReply Direct Link To This Post Posted: 18/February/2019 at 10:44
I tried to organise mediation. but as she has listed the children on the AVO Relastionships Australia can't help me.

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