SA Property Entitlement

[ChrisLM]

Have been divorced for over 11 years but a property is still in both my and my ex-wife's names. I have paid every single mortgage payment, council rates, strata fees, water rates etc since property was purchased in 1994. There is still a mortgage (fairly minor). Is she entitled to any portion of this asset? If not, how do I go about only having the title of the property and mortgage in my name only?

 

[Atticus]

Is she entitled to any portion of this asset?

Possibly... She would have to receive leave of court to apply because it's been so long, but it's still a possibility depending on circumstances.... How long were you married?... Kids, ages?... Briefly, what are her financial/housing circumstances now? ... Your ages?

If not, how do I go about only having the title of the property and mortgage in my name only?

Titles office can't just transfer into your name. You will need a court order or binding financial agreement

 

[ChrisLM]

We were married just under 16 years (the last 15 months separated). No kids. I don't know her financial and housing circumstances exactly but last I knew she was working full time and living in her brother-in-laws unit

 

[ChrisLM]

I am 50 and she is 60

 

[Atticus]

Long story short.... She would have some legal entitlement .... Couldn't speculate what that may amount to, but 16 years is a good length of time, & unfortunately, settlement is decided on the value of assets at settlement, not date of separation .... As I said, she would have to seek leave of court, but If she is doing it tough financially, or the court considers she would be disadvantaged if leave is not granted, then there is a reasonable chance leave to apply will be granted...

You could make an offer before that happens, if she accepts, see a lawyer & have a BFA drawn up.