How To Sell A House When One Partner Refuses Australia

April 30, 2023by Naomi Cramer


With regards to negotiating a property settlement, further stress can come up when you will have differing opinions about what ought to occur with the household dwelling. Often, one celebration needs to maintain it whereas the opposite celebration needs to promote it.

In case your ex refuses to or is delaying the sale of the household dwelling, then the excellent news is you will have a number of totally different choices earlier than forcing the sale by way of courtroom order.

forcing the sale of a house

Choice 1 – In case your ex is refusing to promote the home than it’s best to decide whether or not promoting the home is critical

Is promoting the home crucial? It’s totally attainable to finalise a property settlement with out the necessity for promoting the house. In case your ex can refinance the household dwelling into their sole identify, the answer may very well be that they’ll purchase you out in the event that they don’t need to promote the home. 

Choice 2 – In case your ex is delaying the sale of the home, are you able to comply with promote the home at a later date?

Typically, it’s best to finalise your property settlement sooner fairly than later; nevertheless, agreeing to promote the home at a later date would possibly work in some circumstances. Work out why your ex needs to maintain the house – if a child remains to be in class, for instance, they might need to maintain the home, to not disrupt the child’s life. Maybe an settlement will be made for the house to be offered upon commencement.

Choice 3 – In case your ex nonetheless gained’t promote the home are you able to strive household legislation mediation?

Household legislation mediation is a useful software when correctly utilised and ready for. In mediation, you’ll be able to lay your whole points on the desk. In case your ex nonetheless refuses to promote the home after mediation, and you haven’t any different choices, then you’ll be able to apply to the courtroom to drive the sale.

Methods to drive ex to promote your own home by way of courtroom order

In case your ex-spouse refuses to promote the home, you’ll be able to drive the sale of the house by way of a courtroom order. If you happen to take this feature, it implies that a decide can order {that a} house is offered as a part of a property settlement. A part of the order will likely be that the place is independently valued, and an actual property agent is appointed to promote the home for that worth. If the courtroom makes the order, it can stipulate a timeframe for when the home is offered and can normally give whichever celebration just isn’t obstructing the sale.  

The courtroom will doubtless make an order for the sale of a property when the next applies:- 

  • If there isn’t a different approach to have an effect on a property settlement that’s and equitable in all of the circumstances. 
  • If promoting the home doesn’t have an effect on the events’ means to earn earnings.  
  • If one celebration is in default of a courtroom order. 
  • If the celebration looking for to retain the property can not reveal to the courtroom that they’ll refinance the property’s debt into their sole identify. 

Can I promote my home if my ex doesn’t need to? 

The underside line is sure. In case your ex doesn’t need to signal the mandatory switch papers required to promote your private home, there are methods to go about forcing a sale of a collectively owned home.  



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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