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VIC Can Ex-Wife Take My Home After Divorce?

Discussion in 'Family Law Forum' started by Red, 21 June 2016.

  1. Red

    Red Member

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    I have been divorced for 10 years. My ex-wife got the family home in the divorce, all of it. I did not get a payout. After the divorce, I got a mortgage and bought a small unit for myself, I had to start again.

    Two weeks ago, I was in the cardiology ward awaiting heart surgery and my ex-wife turned up wanting to discuss my finances and home, she wanted me to sign some sort of legal form, I didn't. Can she take my home, has she any rights in my affairs at all?

    I have remarried and the title of my home is in mine and my wife's name. My ex-wife acts as though she can take it all and has me worried.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Sounds like a classy lady.

    There's a 12-month time restriction after a divorce is finalised for a party to file for a property settlement, beyond which leave of the Court would be required to proceed. If you've been divorced for 10 years and have already completed a property settlement, she will not have any claim to your existing assets.
     
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  3. sammy01

    sammy01 Well-Known Member

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    Just checking - when you got divorced, was the title of the house signed over to her? If not, then you still have a claim on that house under property law. Maybe that is why she is so keen to get you to sign something.

    Mate, I think you have nothing to worry about....
     
  4. Red

    Red Member

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    Everything was signed over to her, she made sure of that. My name was taken off the title before the ink dried. She wants my home and my super and life insurance. She claims she is doing it for the "kids" who are all over the age of 21. She doesn't want my wife to get anything. I'm not dead yet.
     
  5. AllForHer

    AllForHer Well-Known Member

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    Best way to protect against her getting anything in the event of your passing is to write a will. I'd suggest getting legal advice for this. Your wife, not your ex-wife, is next of kin, so in most circumstances, your assets would automatically go to her, however it's best to establish a will so you can state in clear terms what your intentions are for your assets.
     
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