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Josephine H

Member
19 September 2020
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divorced in 1995 the ex husband threatened to burn our house to the ground if I attempted to get a property settlement. I left with just the children. am I able NOW to get a belated property settlement now that he intends to sell property we owned together? I don't recall there ever was an actual property settlement, but if there was, it was under duress!
 

sammy01

Well-Known Member
27 September 2015
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2,894
Your name is on the title of the property?
If that is the case then you're in a good position. He can't sell it without your consent and when it does sell the $ won't get released without your signature.
What to do? Be nice. Think about what is reasonable... 50/50 Hell no - he has spent 25 yrs paying the thing off....
 
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GL1001

Well-Known Member
26 December 2018
17
2
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You have 12 months from the date of divorce order to commence proceedings (section 44(3)).

After that time, you can seek leave to commence proceedings but will need to explain why it took you 25 years to do it.

Fear/Coercion may be a strong case, but you will probably need to evidence it more than just "i felt scared". Texts, emails, proof...

Leave can also be given if you can prove that there would be hardship if proceedings werent commenced. This isnt as easy as it sounds.
 
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