QLD can i sell my property before divorce

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soundwa

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13 March 2019
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hi, married with my husband for 11 years with a 7 years old kid. we have a property under my name and I bring the money into this relationship before we met and I bought the around property 5 years ago. we decided to separate on 1 March this year. Can i sell my property and move on my life. or I have to go to court what is my options and rights.
 

Rod

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27 May 2014
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Until you get court orders saying otherwise you can do what you like with your own property.

Keep in mind if your spouse decides to take action he may get a slice of 'your' property.
 
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Atticus

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6 February 2019
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After 11 years he does have a legitimate financial interest in the place and some entitlement to a portion of it.. What that is exactly will depend on many factors.

I imagine when he discovers you have it on the market that he will seek a caveat over the title. He can Also start property proceedings even if you have already sold the place..

IMO you should seek some legal advice on what a fair and equitable split may be in your case so that you know whet sort of funds you have after a division
 
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soundwa

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13 March 2019
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Can i ask him to sign a binding financial agreement? how can i make sure it is not going to turn over later? How long after we divorce he unable ask me more fund in the future or get me into his financial hardship? I am worried because he is not working at all for past half year, he get in to a pattern of not working for last six years. it is always on and off. He said it is because he is sad and he does not have desire to work. He still generate income at the moment from his business, but no sure for how long.
 

Atticus

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6 February 2019
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You can enter into a BFA but it will involve you both getting independent legal advice.

There is a time frame of 12 months AFTER a divorce is granted in which either party can file for property orders. BUT, this can be extended well into the future if he applies for and is granted leave of court to apply out of time. Just going on info you have provided, that is quite likely to be granted.

My advice is still that you get current property valuations and seek some professional legal opinion on what your likely entitlements are in your case so you can start to make realistic offers and hopefully negotiate something that will allow you to either do a BFA or consent orders via court