Legal Question in Real Estate Law in Australia

Can i sell my house when being sued

I am currently being sued for money on my house by my ex girlfriend. I believe I have exhausted the legal system because she will not accept any fair offers. I have already given her 40k and offered a more than fair lump sum to finish this dispute. Unfortunateley she has declined my last and final offer(after we both have spent too much money already in lawyers fees). I'd love to know if I can still sell my house and move out of the area, even though she feels the house is part hers. Can I go on a around world the world trip with the money made from the house? What are the consequences of spending all my money on a trip? What are the consequences of filing for bankruptcey? I would greatly appreciate these questions answered, thanks for your time.


Asked on 8/08/03, 4:47 pm

1 Answer from Attorneys
Tim Wishart McMahons National lawyers

Re: Can i sell my house when being sued

Too many questions - too little information.

You could sell your house (even if you are being sued) BUT if the former g/f gets wind of it she could lodge a caveat to prevent you dealing with the property without her consent. The caveat would presumably claim an equitable interest in the property based on her contributions during the relationship. You could not complete a sale without the caveat being removed she would need to bring proceedings to enforce the rights she asserts.

You certainly haven't exhausted the legal system -you have merely exhausted your patience with it and perhaps the readies to keep it moving.

Have you had a mediation? Have you considered arbitration? Are you lawyers in an lawyers' ego contest rather than keeping their eye on the ball? Are you accepting the advice you have been given or have you merely decided that she has no further rights?

Read more
Answered on 8/08/03, 5:56 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Australia