How long to get to court and who would usually pay the costs?

C3PO · 15-10-2019 02:10PM #1

If a couple have separated and one party wants to sell the jointly owned home but the other doesn’t, approximately how long would it take to take the case to court and who would usually pay the court costs?

Victor · 15-10-2019 03:38PM

It may depend on the ownership structure (one spouse or both) and where things are in relation to a separation agreement.

C3PO · 15-10-2019 04:56PM

Lets assume that the couple were not married and the house is held as a joint tenancy.

nuac · 15-10-2019 10:43PM

Mod
I presume this is a hypothetical case? If so leaving open for general discussion.

Peregrinus · 16-10-2019 01:58AM

If they're not married, two ways to approach this:

1. Treat this as a simple property dispute between co-owners, in isolation from the breakdown of their conjugal relationship. I think this will take longer to come to court than family law case would, but will be simpler to resolve. Likely outcome is that court will order sale of the house, costs will be paid out of the sale proceeds, whatever is left will be divided between the owners in proportion to their shares in the house (likely 50/50).

2. Treat this as a relationshiop breakdown issue in which dealing with the house is a part (possibly a large part) of an overall financial settlement. Likely to come on more quickly, but could get complicated if other financial issues arise. Typically each party will pay their own costs.

But the fact that one party can't agree to sell the house and divvy up the proceeds means that they are unlikely to want to go down route no. 1, since that is the likely outcome. So it looks like route no. 2.

How long to get to court and who would usually pay the costs?

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