WA Dividing property and assets- DeFacto relationship

[Mandy Heathridge]

Hi everyone,

I was previously in a Defacto relationship which broke down November 2015. We had purchased a house together which he is now occupying. All of our joint furniture is still in the house also.
He has made communicating and settling the property extremely difficult and nothing has progressed.

It would be 2 years on November since separation and as I understand you have 2 years to go through family court. What happens when the 2 years is up? How will this be settled?

 

[Lance]

Hi Mandy,
You really need to act sooner than later. the longer your ex is in possession of the other items the easier it is for him to argue sole ownership. You should speak to a lawyer to start proceedings.

 

[Lance]

Hi Mandy,
I should have said, if you don't make an application for property settlement within the time frame it will become a very difficult issue. You would need to apply to the court for leave. While you can apply for leave after the 2 years it will only be granted in limited circumstances and it wouldn't be within the jurisdiction of another court to deal with the matter.

 

[Rod]

Settlement can be done in the WA supreme court if the WA Family Court refuse leave after 2 years. Costly and and more formal, best avoided if you can.

 

[Mandy Heathridge]

Thanks for your replies everyone.
My situation is I have tried everything I can to resolve this since we separated but my ex has not co-operated. The 2 years is fast approaching with no settlement in sight.

I guess my question is where do I stand if I do nothing and wait for him to decide to sell later down the line? Will I still be entitled to my share from the house proceeds?

The reason for not taking it to court myself to force settlement is because it will be costly and I cannot afford this at this time.

 

[Rod]

Not necessarily. Family law is normally more generous than standard civil law for people with kids or with no or little income.

Some lawyers will withhold demand payment until after a property settlement and you might want to consider this as an option.

 

[SamanthaJay]

Hi Mandy, as Rod said, some lawyers will accept payment on settlement. This is what my lawyer has agreed to. Also, i believe the two years is counted from when you make an application for property settlement so you don't need to be settled within the 2 year time limit.

I've been officially separated for over 2 years now and we have still not settled. We have a court date for later this year if settlement does not occur sooner.

Your ex will likely seek legal advice if he receives a letter from your lawyer. Mine wasn't interested in discussing settlement either, in fact I received numerous threats over the years if I dared to leave and attempt a financial settlement. But a solicitor's letter spells it all out.

 

[Mandy Heathridge]

Thank you for your advice. Really helpful.

If i were to commence the court application how do I serve the documents to him when I am overseas? Am I able to email them across?

Thank you

 

[Rod]

Use a process server if DIY, or a lawyer.