NSW Divorce - How to Get Part of Proceeds from House Sale?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

zena

Well-Known Member
1 June 2015
14
0
71
Hello. My husband owned a house, he sold 5 months ago. Now we're getting a divorce.

I would like to know if there is anyway I can get any of the house money that he sold?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
You have until 12 months after a divorce is finalised to pursue a property settlement. The house will only be included as part of the joint asset pool if you had a joint interest in it. For example, if you both lived at the house at some point, or both benefited from the rental income having it tenanted, it would be considered a property in which you have joint interest. If he purchased it several years after separation, however, and you have had no involvement in it, then it wouldn't be considered a joint interest. The first step for a property settlement is family dispute resolution and Legal Aid can provide this service to you.
 

zena

Well-Known Member
1 June 2015
14
0
71
thank you for your reply...I would like to know is there anyway he can prevent me from taking part of the assets...and also..how can I prove that he still owns the money he got from selling the house if its not in his bank account