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property partition hell coming ??

my ex wife in house, i pay mortgage, i want to sell , what do i do,?

:(property partition help!!     married for 15 , seperated off and on . now divorced for 2, i was living on property in converted shed [small farm] to make ends meet, and be close to kids. 3 kids still at home, 16 15 and 11.  am  paying full mortgage, and full school fees[ private] and helping with bills and rates and paying full miscellaneous like braces etc , she has 100% kids according to csa..maintenance was private collect for this reason, was trying to save a bit for a small flat at same  time. but it still wasnt working as she got my income from csa and wanted more as i was working two jobs to get ahead,   she is studying?? got xmas present on 20 dec of 6500 back pay bill and ongoing monthly of 2600, from CSA wow!   so ill be renting my own little place soon,  i told her i want to sell property now finally as i cant possibly pay all, and have had enough, she tells me ill end up in supreme court as i wont get her out , i just want a quick exit pay my csa if i can, and divide property, farm worth 800000 , mortgage 300000, will this take me forever, do i have a chance of selling , is it worth it as a male to even try,   ive heard too many horror stories,  place in both names. my story , any advice??? any similar stories?
There is a lot of stuff to sort out. Maybe you should first work on putting an agreement together for the care of the kids. It's not reasonable for you to have zero care. The CSA outlook isn't that bad as in 3 years you will only be paying for one. Since your kids are in private schools then CSA will collect from you for this as well and the normal assessment. Worst case scenario re the property is that she will get 50% + 10% per child so if you have 500K after the sale you will get 100K. Maybe she could buy you out? What figure did you have in mind? Another option is to get the child support under control and stay where you are for another 3 years? Anyway if you move out then you could just stop paying the mortgage and then the bank will sell it regardless. What do yo think?
thank you fairgo for your input, you have given me some hope.  your right the csa isn't as bad as some I suppose, I'm not sure what you mean by private school fees as I was going to stop paying them as she will have the funds to pay them and I wont. but are you saying that I have to pay them regardless? on top off assessment?
If you stop paying the private school fees the ex can make an application to CSP to include these along with the normal assessment so you will have to keep paying school fees. I only said CSP is not that bad for you as you are coming to the end of it but CSP is much the same as always treating the payers as a well-stocked gold mine and helping themselves to whatever they feel like.
wow that's a new years present, but when does the taking stop, just what would CS expect someone to live on if all these payments come out , I might be better buying a van and living out of that , if you have no job or have to leave a job for some reason, what happens then, do they take your blood lol , but seriously.
They would expect you to sell your assets to pay the school fees and will support the payee on this. A more common sense approach would be to put the kids in public school like many parents have done after the mining boom but CSP don't seem to work that way. This is why they are called the second settlement.
Thank you so much Fairgo for advice it has given me so much too think about , apart from already endless hours talking to CSA where I seem to be getting different stories of what I'm in for , every Time I ring , leaving me more confused than when I ring up ! I saw a friendly solicitor who went thru much worse, so I know some of my options , some big choices to make now , for now I need to try and forget the upcoming , and work out if there can be energy after one already stressful job , will be donating to this worthy cause soon , and maybe a private chat if anyone is up to it . Funny as have being following Stefan molyneaux for while and like minded commentators regarding the effects on society of this socialist ideology which  encourages family destruction . Just my turn I suppose . But always some light at end of tunnel , thank you for your service .
I would recommend that you stop communicating with the CSA by telephone and start communicating by email or post.

Yes, you could be up for school fees as determined by the CSA.

Do you any court orders for the children or property?

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Yes I think your suggestion to communicate other than phone is what I'll do by mail, it is only early stages but at this stage I don't have mental strength to go thru court,so no court orders. And school fees on top of csa would brake me financially , but being positive . I'll see how it pans out .
Yes as suggested it's best to be a write only customer with them. I did this for a number of years whilst taking them through various appeal mechanisms such as, minister of human services, ombudsman, magistrates court, SSAT, AAT, and CDDA scheme and I had positive outcomes in most cases. Write only will help you to track your business with them as they can't dedicate one person for your case and they do make many mistakes let alone applying the differences between their official guide and the actual law which can only be challenged in a court or AAT.
I'm thinking maybe you should just run with the status quo and wait until two of your kids are past 18 years of age as this might give you a better distribution of assets.
 Good luck with it.
On a humouros note but not for some sadly  , I was told by CSA call taker in what seemed to be a threatening tone  that my passport could be blocked in certain circumstances, I think it's ironic as having some knowledge of the crime system and knowledge of previous incarcerated persons being released for crimes such as murder , gang related violence, pedophilia and then travelling freely abroad and some being caught overseas , that the laws in this country should be focused on alleged csa offenders , hmmm seems like it's all about the dollar !
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