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QLD Divorce - Property Settlement for Australian House?

Discussion in 'Family Law Forum' started by tcm, 9 January 2016.

  1. tcm

    tcm Member

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    Brit/pom here. I met an Aussie about three and a half years ago. We were on a boat going through the Pacific. They had to return to QLD for medical things and I helped financially. We've been on and off since then, but eventually bought a house (I paid 100%) in QLD and we even got married in Las Vegas in Dec 2014. I've been to Australia twice, once to see the property just over a year ago for three weeks, a second time to move in. eight weeks.

    We just moved furniture from partners' ex's house last March 2015, but things haven't gone smooth]y and the other half now says divorce. We've been separated since early November 2015 just under 10 months married in Las Vegas.

    So what's the score in property settlement with the $1.5m house, I wonder?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi tcm,

    You will likely be eligible to divorce in Australia, even though you were married in Vegas since your spouse is Australian. Australian Law requires that at least one party to the marriage be a citizen or domiciled here. For you to obtain a divorce here, you need to have been married for 2 years first or show that you have attended the requisite counselling.

    You will also need to show to the court that there has been an irretrievable break down in your relationship and there is no reasonable likelihood of resuming married life. This is evidenced by a 12 month separation period - which you will need to prove also.

    Once you separate, you can divide your assets. You can do this by agreement, through mediation, or if you can't agree you can apply to the court for an order dividing your assets for you. There are no hard and fast rules as regards entitlements, its what the court considers fair. It evaluates what each party contributed to the relationship financially and non financially as well as each party's future needs.

    Since you were only married 2 years and you paid 100% of the property purchase price, I think you would have a pretty sturdy claim on it. However, if she wants to fight you for it and it goes to court, it will end up costing you in legal fees anyway. Therefore you may have to make some concessions depending on how tenacious she is.

    Take a look at this article that provides a bit more info:
    Property Settlement After Separation - Rarely a Case of 50:50 - Legal Blog - LawAnswers.com.au
    Family Law Archives - Legal Blog - LawAnswers.com.au
     
  3. Darrenkomatz_

    Darrenkomatz_ Member

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    Hi, tcm.

    Assets are one of the main reasons for dispute when a couple separates. The country's lawmakers are considering granting women the right to their husbands' residential property. Nowadays the wife's share will be decided by the court.

    A woman seeking divorce is not entitled to any share in the husband's property. The ownership rests with the person who is holding the title. If the property is bought by the husband when they were together and he holds the title, the wife can make a claim if she can prove her equity in the property.

    If you can prove this in the court that you have funded the property, you can then claim for that property.

    Do one thing without delaying this matter. Hire an attorney or consult with legal experts online. They will guide you in a better direction what to do and what not to do, and give you ideas how you can claim your property after divorce.

    Here is a site you can go through and decide which one is better for you.

    1. https://en.wikipedia.org/wiki/Legal_Information_Institute
     

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