WA De-Facto Property Settlement

[Noonahs22]

I am the Enduring Power of Attorney for my nephew. I am trying to sort out his property settlement orders through the courts myself and need a bit of advice. The ex has two vehicles that her father gave her but the rego is in his name. She has had both vehicles in her possession for around 4 years. Would these count as her assets in court? My nephew also gave cash to his ex who gave the cash to her father to invest in shares but we have no proof of payment and the shares are in her fathers name. Any advice appreciated

 

[Atticus]

The ex has two vehicles that her father gave her but the rego is in his name. She has had both vehicles in her possession for around 4 years. Would these count as her assets in court?

So there is a case filed with the family court?

The general rule is ALL assets acquired DURING the relationship are considered joint assets. That said, they were gifted by her father (why registered in his name though?) AND, vehicles are a depreciating asset & only valued at time of settlement (second hand value). Put all that together & unless the cars are gold plated, it's not worth worrying too much about either way..

My nephew also gave cash to his ex who gave the cash to her father to invest in shares but we have no proof of payment and the shares are in her fathers name.

Are they denying recieving the money? What amount are we talking about?

 

[Noonahs22]

Yes the case is with the family court as the ex would not do any mediation beforehand. They are still in her fathers name and he pays the rego to help her out as she doesnt earn that much. The vehicles are worth around $20,000 so my nephew would end up with roughly half so not alot but still something.
Re: the shares - yes she is denying receiving the money. It was $2000 which turned into around $40K.

 

[Atticus]

The vehicles are worth around $20,000 so my nephew would end up with roughly half so not alot but still something.

So $20K second hand value currently. ..I would include them as a joint assett simply because that's the accepted thing to do with assets aquired during relationships.... She will say daddy bought them for me.... End of the day, not worth too much anxt but may be a bargaining chip of sorts..

Re: the shares - yes she is denying receiving the money. It was $2000 which turned into around $40K.

So you are probably going to need some proof of that $2K... Should be a record of it being withdrawn from somewhere? ... Going to be very difficult though to have the increased value considered even if you could prove it.... Not good news unfortunately