NSW Property Settlement - How to Prevent Ex from Getting Portion of House?

[ray9702]

I want to buy my 1st home in Australia with my own savings and payslip. My wife and daughter left me and lived together with another man for 5 months. Then they came back and started living with me. We were separated for more than 1 year. Now we are living together again for my daughter, but we did not get a divorce.

I am paying child support for my daughter to my wife's bank account. All Centrelink benifit (FTB, Rent assistance) goes to her account. House rent and living expenses, we share. His-his, whose-whose.

My question is, after buying the house with my money and starting to live with my ex-wife and daughter, in the future if we get a divorce, will I have to give her a portion (40-70%) of my house?

Please give legal help to save my property from her claim through property settlement.

Is there any way I can make paper while buying a home with my solicitor? Can I prevent her from getting portion of the property?

My brother also living in Australia as a Permanent Resident who can lend me money to buy the house.

 

[Hayder Shkara]

How long were you together for?

I would suggest you finalise a property settlement before making any big financial moves like buying a property.

This means - telling your ex that you want to do this and doing it yourself or getting a lawyer to assist you with the consent orders.

If you don't do this now - when you do it in the future, everything that you own in the future will be subject to the split.

 

[MartyK]

How long were you married?

How old is the child?

Were the 'savings' (some or whole) you refer to accumulated during the separation period? Could any be regarded as household income? e.g. during the course of the marriage, pre the period of separation and reunification, the mother took on domestic duties to care for the child while you remained in paid employment?

There are a number of things that would need to be considered here before any more definitive conclusions could be reached.

 

[ray9702]

How long were you together for?

I would suggest you finalise a property settlement before making any big financial moves like buying a property.

This means - telling your ex that you want to do this and doing it yourself or getting a lawyer to assist you with the consent orders.

If you don't do this now - when you do it in the future, everything that you own in the future will be subject to the split.

Hi Hayder,

We were married and living together for 8 years. Then she went to her new partner with my daughter and lived together there for 5 months, and then lived separately for 9 months alone with my daughter. Then she again started living with me for last 1 year till now.

But now we are just living together in same house for my daughter. I pay child support regularly and don't give her expenses. She live with her own income and Centrelink benefits.

 

[Hayder Shkara]

Ray,

Because you have not yet got a divorce, if you or your ex ever file for divorce, they will have one year from the date of the divorce to ask for a property settlement. This means a split of all of your property and assets.

Most couples like to do this as soon as the relationship ends - as the money accumulated during the relationship is considered to be different to money earned after the relationship. Doing it immediately after a relationship ends also just finalises the matter instead of having it drag on like you have done in your situation.

As to the actual percentage of the split, like marty k said above, it depends on lots of factors before we can advise you on that.

 

[ray9702]

How long were you married?

How old is the child?

Were the 'savings' (some or whole) you refer to accumulated during the separation period? Could any be regarded as household income? e.g. during the course of the marriage, pre the period of separation and reunification, the mother took on domestic duties to care for the child while you remained in paid employment?

There are a number of things that would need to be considered here before any more definitive conclusions could be reached.

Hi MartyK,

How long were you married?

- We were married for 8 years then separated for 1 year 1 month. Then again living together under same roof for last 1 year.

How old is the child?

- My daughter is now 9 years.

Were the 'savings' (some or whole) you refer to accumulated during the separation period?

- My savings were accumulated in last 4 months(20%) after I joined my job and remaining I have borrowed from my brother (who is PR in Australia) and my sister(80%) from my country.

Could any be regarded as household income? e.g. during the course of the marriage, pre the period of separation and reunification, the mother took on domestic duties to care for the child while you remained in paid employment?

-- No all savings are remains from my salary and my daughter is 100% in care of her and I pay child support every month regularly.

Another Important Info. about my ex wife's loan record.

- While she went with her new partner she bought her 1st home a 5 bed house with 465,000 AUD loan from bank in joint name and lived there for 3 months. Where she took 49% and partner 51% share in written paper by solicitor.

But when she left that man after 5 months, she gave her 49% back to him. She has Veda report of taking 465,000$ loan in joint account and 49% property ownership paper(which later became 1%, as she returned him).

Her partner then removed her name from bank loan and all property ownership papers. Now if she tries to take ownership of my home i am planning to buy after living with me for a while and then taking divorce. Then will I have to give her share of my house?

 

[ray9702]

Ray,

Because you have not yet got a divorce, if you or your ex ever file for divorce, they will have one year from the date of the divorce to ask for a property settlement. This means a split of all of your property and assets.

Most couples like to do this as soon as the relationship ends - as the money accumulated during the relationship is considered to be different to money earned after the relationship. Doing it immediately after a relationship ends also just finalises the matter instead of having it drag on like you have done in your situation.

As to the actual percentage of the split, like marty k said above, it depends on lots of factors before we can advise you on that.

If I take a written consent or stat declaration from her in front of a property solicitor before buying the house, that she will never ever ask for any part of my property if she file for a divorce in future while living together with me?

As the home I will buy with my own saving and borrows from my brother and sister and will pay all loans from my own income not taking a 1 $ from her or her expenses.

 

[Hayder Shkara]

If I take a written consent or stat declaration from her in front of a property solicitor before buying the house, that she will never ever ask for any part of my property if she file for a divorce in future while living together with me?

It will help but it won't completely protect you.

 

[ray9702]

It will help but it won't completely protect you.

As I explained above all about my history. As she is greedy and dishonest in nature as what she did with her partner, I assume she will do the same with me in future.

Can you please give me a wise suggestion to me to save my home which I will buy with my honest hard working income?

I will be grateful to you.

 

[Hayder Shkara]

As I explained above all about my history.
As she is greedy and dishonest in nature as what she did with her partner. I assume she will do the same with me in future.
Can you please give me a wise suggestion to me to save my home which I will buy with my honest hard working income.
I will be grateful to you.

Ray the property settlement is coming. I recommend getting it over with earlier then, just moving on - buy your house and live happily ever after. If you want, give me a call to discuss - Hayder Shkara, Lawyer, Neat Law - Sydney, NSW - LawTap - Find a Lawyer & Book Online Instantly.