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WA Property Rights of Friend's Spouse - Acquire Property after Divorce?

Discussion in 'Property Law Forum' started by Jane2, 17 August 2015.

  1. Jane2

    Jane2 Member

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    I am thinking about buying a property with a friend who is separated but not divorced. Their separation was done outside of the courts but nothing officially has been written done or agreed upon.

    My friend will file for divorce eventually and I want to know what legal property rights their spouse has to the house. I don't want them to be able to take half of what is mine.

    Should I wait until the divorce is finalised before buying together?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Jane2,

    Generally, unless a property settlement is put in writing, neither party is prevented from going to court at a later stage (up to 1 year after Certificate of Divorce issued or 2 years after de facto couple split) and claiming more from their ex. Having said that, the court is not unreasonable when it comes to such matters and would generally be less likely to reallocate assets that were acquired after separation.

    How will you be registering title? As joint tenants or tenants in common? If you register as tenants in common you each own a 50% share in the land (as opposed to both jointly owning 100%), so even if your friend's share was appropriated by the court your half would be unaffected.
     
  3. Jane2

    Jane2 Member

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    Thanks for replying.
    I've decided that the title will solely be in my name but they will be living there and the mortgage will solely be in my name as well. Can the courts apply De Facto laws after 6 months? Or should I have put them on a tenant lease?
     

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