SA Property Settlement After Divorce?

[Purvi Mehta]

My brother got a divorce recently. He solely owns his house. He was married at the time of the purchase of the house but the girl was still in India as her spouse visa was not yetSgranted. The girl has not contributed at all toward the house or the family.

My brother took care of her. She chose not to work. She walked out of the house claiming falsely of domestic violence. She could not prove or present a thing which she claimed to have for the violence. My brother has basic intervention order as a result of the domestic violence case.

She also claimed that they owned jewelry worth AU$ 10000 which is not true. How would the property settlement be treated if she has not contributed at all toward family?

 

[sammy01]

How long were they married?

Is her name on the title?

Who is living in the house now?

 

[Purvi Mehta]

how long were they married?
Is her name on the title?
who is living in the house now?

They were married 3.5 years. Her name is not in the title. My brother is living in the house as she left the house.

 

[Purvi Mehta]

They were married 3.5 years but she lived with my brother only for 1.5 years as for first two years as her visa was not granted.

Her name is not there in the title. My brother is living in the house now as she left the house.

 

[Rod]

Then it is OK for him to do nothing and wait to see what his ex does. There is no need in this situation for him to initiate court proceedings.

 

[Purvi Mehta]

She did send a lawyer's notice asking for a share in house and property.

 

[sammy01]

3.5 year marriage. Forget it. The duration of the marriage matters. The law doesn't assume that as soon as two people get married things should get split 50/50.

Let the ex apply to court, until she does that (and she probably won't) he should relax.

 

[Rod]

Yep. Though he should offer to hand back any of her property that is still in the house.

 

[Purvi Mehta]

Thank you. Does she get anything though even if she goes to court. Her contribution is zero but negative. My brother helped her family financially too just to calm the gold digger down. It was 3.5 years until they seperating. Until divorce it is 4.5.

3.5 year marriage. Forget it. The duration of the marriage matters. The law doesn't assume that as soon as two people get married things should get split 50/50.
Let the ex apply to court, until she does that (and she probably wont) he should relax

 

[Rod]

That's for a court to decide after it reviews all the evidence in detail.

It is unlikely, but who knows what will turn up in the detail.