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NSW Husband Threatening to Change Home Ownership - What to Do?

Discussion in 'Property Law Forum' started by Abir, 4 July 2015.

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  1. Abir

    Abir New Member

    3 July 2015
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    My husband is always threatening me that he is going to remove the house from his name and put it under the trust name that he got.

    I’m going overseas soon and he is telling me, "when you come back, you gonna come and see the house under the trust name," so if we divorce I can't get anything while I got a baby. What should I do please?
  2. AnnaLJ

    AnnaLJ Well-Known Member

    16 July 2014
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    Hi Abir

    Do you have any reason to think you would divorce? This is certainly a very strange comment for him to make!

    Firstly, he will have to pay capital gains tax if there is a change in ownership of the property (ie by transferring from his name to a Trust). Do you know if he has the funds to cover CGT?

    As his wife, you have a legal and genuine interest in the land. As such, you have legal rights that will protect you from him transferring the property and leaving you with no claim to it. If you truly believe he will take this action then you might consider applying to the court for either a caveat or an injunction. (I've pulled some information on these from Legal Aid):

    A caveat is a legal notice on your property at the Land Titles Office. The caveat tells people that you have an interest in that property. The property can’t be sold until the caveat is removed.

    This procedure may not always be possible. You must show the
    registrar at the Land Titles Office that you have an interest in the land. Get legal advice.

    An injunction is a court order that stops someone from doing certain things. It may be possible to get an injunction from the court to prevent assets being sold.

    If you believe your ex-partner has or will sell, transfer or give away assets that should be part of your joint assets, you should take action immediately.

    If assets have already been sold, it may be possible to get an order to ‘freeze’ (stop the use of) the sale money. Bank accounts and other cash resources may also be frozen in other circumstances.

    Legal Aid in your state may be able to give you some more specific advice on your situation. Then if things do get more serious then you should seriously consider engaging a family lawyer. At the very least, telling your husband that you would get a court order to stop the ownership in the property changing may be enough to get him to rethink his plan.

    I hope everything works out for you. Please keep us updated with how things go.

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