LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Property Settlement and Divorce - Consequences of Selling Family Home?

Discussion in 'Family Law Forum' started by Takenforfool, 10 March 2015.

  1. Takenforfool

    Takenforfool Member

    Joined:
    10 March 2015
    Messages:
    4
    Likes Received:
    0
    My husband and i have been separated for 2 years. He paid me out of our family home which he still lives in but is trying to now sell..i built myslef my own home with what he paid me out (though i still have a reasonabIe mortgage) I have been trying to get hime to proceed with divorce and property settlement but he won't do it untill he sells house. Will him selling the house affect the final outcome of property settlement when our divorce goes to court?
     
  2. Ian Macleod

    Ian Macleod Well-Known Member

    Joined:
    30 January 2015
    Messages:
    32
    Likes Received:
    12
    Property settlement and divorce are two separate issues. Divorce is the dissolution of the marriage which can take place anytime after the parties have been separated for 12 months. Property settlement can take place at anytime after separation and within 12 months of divorce if you wish to have a court deal with it. You say that you have been trying to get him to proceed with divorce and property settlement but he won't do it until he sells house. If he has already given you money for settlement are you saying you still need to divide other financial resources? If so this can be done either through the court system or outside of the court system using a financial agreement.
     
    Takenforfool likes this.
  3. Takenforfool

    Takenforfool Member

    Joined:
    10 March 2015
    Messages:
    4
    Likes Received:
    0
    Thanks Ian,

    Yes we have other marital assetts that we need to settle..we did come up with a mutual agreement at the beginng which we are still sticking too...but i wanted to go through legal process to make sure that either one of us can not come back at a later date and take more...but when we put everything on paper he thinks it looks like he got more and he thinks he will have to pay me some more, (which is not what i want - i just want to protect what i have set myself up with) so now wants to sell house before proceeding...will this make it look like i have more now?? or will he still have to declair that he had the family home and sold it??
     
  4. Ian Macleod

    Ian Macleod Well-Known Member

    Joined:
    30 January 2015
    Messages:
    32
    Likes Received:
    12
    If you are both happy with your arrangement and in genuine agreement you don't need to go through the court system. You can make a financial agreement under sect 90C of the Family law Act . You still need to get legal advice before you agreement becomes binding but you have the freedom to choose how you wish to divide your asset and liabilities without the courts intervention. This means you are in control. You can make your agreement and stipulate that the house will be sold within a specified time or it would go to auction, which is probably preferable.

    In any event, whether the property is sold before or after settlement, each party needs to make full and frank financial disclosure whether it be to the court or to each another in a financial agreement. All the other issue such as superannuation, cars, share and all other financial resources can be included in the agreement so you effectively draw a line in the sand.
     
    Takenforfool likes this.
  5. Takenforfool

    Takenforfool Member

    Joined:
    10 March 2015
    Messages:
    4
    Likes Received:
    0
    Ok thanks Ian - much appreciated
     
  6. Ian Macleod

    Ian Macleod Well-Known Member

    Joined:
    30 January 2015
    Messages:
    32
    Likes Received:
    12
    Feel free to click the like button its the only reward we get for our time.
     
    Takenforfool likes this.
  7. Takenforfool

    Takenforfool Member

    Joined:
    10 March 2015
    Messages:
    4
    Likes Received:
    0
    i like!! - button clicked...thanks again
     

Share This Page

Loading...