Notice To Vacate

Hello,

I am currently residing in the property owned by my ex-partner of over 10 years although she moved out 6 months ago. We have both contributed to the mortgage repayments and utilities over this period and still have a joint bank account, however she has decided to try and sell the house from underneath me. I have since placed a caveat on the property citing constructive trust arising from our domestic relationship. I have also offered to buy half the property but this has been rejected because she believes that I am entitled to nothing. She has now issued me with a 'Notice To Vacate' within 60 days so that she can sell the property listed as vacant. Has this notice got any validity and if not then how would I go about challenging it? Any help appreciated, cheers
 
Hello,

I am currently residing in the property owned by my ex-partner of over 10 years although she moved out 6 months ago. We have both contributed to the mortgage repayments and utilities over this period and still have a joint bank account, however she has decided to try and sell the house from underneath me. I have since placed a caveat on the property citing constructive trust arising from our domestic relationship. I have also offered to buy half the property but this has been rejected because she believes that I am entitled to nothing. She has now issued me with a 'Notice To Vacate' within 60 days so that she can sell the property listed as vacant. Has this notice got any validity and if not then how would I go about challenging it? Any help appreciated, cheers

You need to go to mediation etc and sort out a division of assets. If she originally purchased the property prior to 10yrs ago and then for the 10yrs you helped pay the mortgage then she may well be entitled to more than half.
 
Sorry, just to clarify I have seen a family lawyer who placed the caveat and who sent a letter offering a 50/50 property settlement, but I would like to have a clearer picture before I progress. In particular I would like to know exactly what my options are with regards to this Notice To Vacate, whether it has any validity, or whether I am likely to be turfed out on the street in the coming weeks with the likelihood of losing all my rights!

I have already initiated a mediation session which the ex declined to participate in. Although the house was originally purchased in her (ex partner's) name, we both moved in on the same day and have always shared financial responsibilities. Myself and my lawyer both believe I have at least some rights to the property. Hope this gives a bit more detail, thanks for the responses
 
Go back and talk to the lawyer, or the Tribunal, or better yet, both.

I know absolutely nothing about family law, so what I am about to say is my opinion, not a recommendation or advice.

First, if you both moved in together & have shared the financial burden, then you should have the same rites to the property as she does. Of course that changes if there are children involved.

Now, if you have been paying her rent during this time, then the law might see this as you recognising that the property is hers not a shared asset, unless you have only been paying half the market value. I would think that you can't issue a Notice to Vacate, unless you have a tenant with a lease in place, so maybe ask some questions in regards to this as well.
 
Sorry, just to clarify I have seen a family lawyer who placed the caveat and who sent a letter offering a 50/50 property settlement, but I would like to have a clearer picture before I progress. In particular I would like to know exactly what my options are with regards to this Notice To Vacate, whether it has any validity, or whether I am likely to be turfed out on the street in the coming weeks with the likelihood of losing all my rights!

I have already initiated a mediation session which the ex declined to participate in. Although the house was originally purchased in her (ex partner's) name, we both moved in on the same day and have always shared financial responsibilities. Myself and my lawyer both believe I have at least some rights to the property. Hope this gives a bit more detail, thanks for the responses

This is something you should speak to your family lawyer about.

While I practice in family law, I don't know your specific circumstances well enough to give you any advice with any certainty.

...but I imagine the answer is something along the lines of the notice being invalid because of your equitable proprietary interest in the house. (ie. you can't be evicted because you are an "owner" too)
 
Although the house was originally purchased in her (ex partner's) name, we both moved in on the same day and have always shared financial responsibilities. Myself and my lawyer both believe I have at least some rights to the property.

Wouldn't it depend on "who" paid for the house initially (her ex-partner?), whose name it is in, did she put in anything towards the purchase initially, now much her ex-partner paid, how much she tipped in, was he paid out when he became an ex-partner? Does he have any claim on the house now?

So many things come into play.
 
Back
Top