Rights in case of divorce and house sale | Free advice


Questioner

My daughter and her partner have separated. Now the partner wants to buy the house. After 8 months this is still not complete. What are my daughter's rights? She will have a new rental home from December 1 and will no longer be able to bear the double costs

Lawyer

It seems like the partner is stalling, but it should be clear by now that he cannot finance this independently, which is why your daughter can request replacement permission for sale if the ex does not want to cooperate. Sometimes a letter from a lawyer at an early stage helps to change the ex's mind, if a lawsuit is involved she will need a lawyer. This is apart from the contribution to the costs, which I do not know how the partners resolved after the divorce.

Lawyer

First of all, it is important what you agreed upon when you separated about the house and whether these agreements are recorded in a covenant or settlement agreement. Depending on these agreements, your daughter can request substitute permission from the judge. If your daughter is eligible for legal aid, which is government-subsidized legal aid, she can be assisted by a lawyer on that basis. I am a lawyer specializing in real estate law and can assist your daughter in this matter.

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