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Do I have to sell the house??

Property Settlement

Is there a possibility for me to keep my house? I have an intellectually impaired daughter who is living with me and will probably live with me for the rest of my life. My ex has a new partner and both are earning good money as a traffic controller out west.
I have had quite a few health issues and has been  hard for me to work. I fun a small business with my son which has been very slow. I am not keeping up with the bills eg: rates, tax bills and others.
My daughter keeps asking me why we can't keep the house I explained to her we would have to pay her mother out. My daughter just says but mum left us and is doing fine with her new boyfriend.
I guess I am asking if I can keep the house and take on the loan with out paying her out?       
I presume the house was the family home that you & the ex lived in?

Do you have a property settlement? Are the children school aged? is there child support involved? Are there orders relating to the children? Is the house in both your names?

"I know that you believe you understand what you think I said, but I'm not sure you realise that what you heard is not what I meant."

Need more information. I guess by you saying 'take on the loan' & 'pay your mother out' then the house is in both names? If so In order for it to be transferred solely to your name, you will need to refinance with the bank and buy out your ex. Who is paying the mortgage now? Have you approached the bank, does your ex agree to you buying out their share?.

If you cannot get finance from a bank to take over the loan, then you would need your ex's agreement or a court order to keep living in the house. You maybe able to try to negotiate some sort of legal agreement with your ex, where you are able to 'rent' the property from her for x amount of time. If property prices are low, maybe your ex would agree to the house being held until down the track when they improve, so there is more equity at sale?. Would your ex agree for your daughters benefit to keep the house, for x amount of time? If your ex wants to sell the house so their name and liability is removed from the bank loan and/or they want their share of any equity, then they might initiate court proceedings if you refuse to sell it.

You really need proper legal advice about property settlement asap.
Thanks every one but the house has sold not for the price I wanted but we can move on I guess. I do have a lawyer but was not able to contact him so I looked else were for the answers.
House sold within 2 days? You must have some agent!

"I know that you believe you understand what you think I said, but I'm not sure you realise that what you heard is not what I meant."

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