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Moving out of our house and buying my own

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Anonymous Asked:

Hi. My spouse and I are separating and soon we will be selling our property held in joint names. She has been verbally abusive and is being really difficult to be around. If I purchased a new home In my own name with a gifted deposit whist we are still in the process of selling the property in our joint names, can my spouse:
1) refuse to sell our home and not move out
2) claim any part of the new property being purchased in my sole name.
Many Thanks

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Stuart Zukerman
5 years ago

Anyone can do or refuse to do anything and anyone can sue you for anything so the answer to both questions is technically “Yes”. However if she refuses to move out or refuses to sign a listing agreement, you can bring a court application to obtain a court order to list the home for sale and to approve a sale or forcefully remove her from the home prior to the completion of sale (or even to force her absence during showings of the home). While she can make any claim she wants, generally if new property is acquired post separation with funds that cannot be traced as a pre separation asset (ie you have well documented any post separation gifts or loans), then such claims are bound to fail.

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