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

Discussion in 'Family Law Forum' started by zena, 1 June 2015.

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  1. zena

    zena Active Member

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    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?
     
  2. AllForHer

    AllForHer Well-Known Member

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    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.
     
  3. zena

    zena Active Member

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    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
     

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