NSW Married couple. Don't want to separate. How to divide property or ensure that property is not sold

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Muktan Shah

Active Member
27 July 2019
5
0
31
Hey guys,

What is the best way to divide or ensure that matrimonial home is not sold or divide the property? Like the property is in the man's name. But the wife has contributed to the house in terms of doing house work and also she has earned all her life paying money to the man and also the house expenses as well. The man and wife don't want to separate. Is there any way that the woman can put an injunction or caveat to stop the sale of the property even though she doesn't have her legal name registered at all in the property? Like can she get a share of the house in her name based on her contribution in terms of house work, working herself outside and looking after the children and house chores of the husband as well? What is the best way you guys advise?
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
What is the best way to divide or ensure that matrimonial home is not sold or divide the property......The man and wife don't want to separate.........

If the woman is just wanting her equitable interest in the property acknowledged then including her on the property title is the best way.... A straight forward process as they are married.. if set up as a joint tenancy that would also give her the right of survivorship, meaning if something were to happen to the husband, the property would revert to her on his death....

If they were to separate at some time & she is not on the title, then placing a caveat on the title whilst a property settlement is finalized is an option