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NSW De Facto has Hidden Assets - What to Do?

Discussion in 'Family Law Forum' started by dandy lioness, 8 August 2015.

  1. dandy lioness

    dandy lioness Active Member

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    My ex bought a new house but put it in his brother's name so he didn't have to disclose it to the court. I don't want anything but to expose his lies. What could happen if l can prove this to family law court? Any ideas how l can prove this?

    He has lied about all his assets...

    Does the same rules apply to family members as de facto / married couples? Would he own a percentage of the house after living there after a period of time anyway?

    Seems unreasonable if that law only applies to people in intimate relationships.
     
  2. AllForHer

    AllForHer Well-Known Member

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    When you say, "I don't want anything but to expose his lies", do you mean you don't want any portion of the asset he is alleged to have hidden?
     
  3. dandy lioness

    dandy lioness Active Member

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    Yes, l have no interest in any of his things.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Then why do you care that he has hidden assets? What does the court care, if it has no bearing on a property settlement?
     
  5. dandy lioness

    dandy lioness Active Member

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    Because he is trying to take the house l bought from me. Demanding it is sold forcing my child and l onto the street. Unreasonable when he doesn't actually deserve the less than $40K he would get if it was sold...
     
  6. AllForHer

    AllForHer Well-Known Member

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    I see. Were you in a de facto relationship or married? A de facto relationship is defined as a relationship where the parties have resided together for more than two years or if they have a child together.
     
  7. dandy lioness

    dandy lioness Active Member

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    Yes, it is going through family court as a de facto relationship.

    P.S. l really appreciate the time you take to respond :)
     
  8. AllForHer

    AllForHer Well-Known Member

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    Ah, so he is pursuing a property settlement against you. Now I understand.

    So, the court follows a four-step process when deciding a property settlement:
    1. What is the value of the joint asset pool?
    2. What were the financial and non-financial contributions of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?

    For de facto relationships, the rules are slightly different - if your relationship was relatively short, then the court will endeavour to ensure each party maintains the assets they had prior to entering into the relationship. Thus, if you had the house before commencing the relationship, and the relationship was anywhere less than, say, a few years in length, then you stand a much greater chance of holding on to the house you already owned. This is heightened further because you have a future need to care and provide shelter for a child.

    The court requires full and frank disclosure of all assets involved in a property settlement, but if he has not disclosed his investment in the house his brother now owns, then you may wish to provide whatever evidence you have of his contribution to the house. If you wish, you can also subpoena bank records relating to mortgage repayments. Bear in mind, of course, that this will need to be considered as a joint asset, if considered part of the asset pool, so you will need to include it in your evidence constructively, such as seeking a settlement whereby he keeps that house, and you keep your house. Basically, you want to be showing that both houses should be considered as part of the joint asset pool, rather than just your house. Thus, it's not prudent to argue that 'I don't want any of it, I just want to show it exists', but rather that 'I want a portion of the joint asset pool by keeping the house I own'. Does that make sense?

    Anyway, I hope this helps.
     

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