QLD Property Settlement - Ex-Partners Entitlement If No Divorce Yet?

[Heather Jones]

I have been separated from my husband for 17 months and I'm looking at purchasing a property.
Does he have any claim on a property that I might purchase in the near future if we have not yet finalised our divorce?

Thank you

 

[Sophea]

Hi Heather,

Have you already formalised your property settlement after you separated with a formal agreement or court orders? I would recommend waiting until you have completely divided your assets and formalised it in writing either by agreement or court order. If you don't your property may form part of the pool of assets to be divided between you. It also then depends whether you are able to negotiate a settlement between yourselves or with the help of lawyers or whether you will be applying to the court to distribute your assets between you.

If you plan to divorce, you need to perform any property division with 12 months of the divorce, after that time your spouse cannot claim on your assets.