SA Property Settlement to Affect New Property Purchase?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Kaitlin Jade

Member
14 August 2014
2
0
1
If my current partner and myself purchase a property together, and his property settlement with his ex has not yet been resolved, can his ex in anyway have any claim on the property purchased between us?
 

Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
Hi Kaitlin,

The new property purchased jointly between yourself and your partner should be declared to your partner's ex as part of the property settlement. This is because money transferred into this new property may be part of "shared property" between your partner and your partner's ex. Until you can be sure that the money only comes from separate property, then your partner should disclose it to be safe.
 

Kaitlin Jade

Member
14 August 2014
2
0
1
Hi Kaitlin,

The new property purchased jointly between yourself and your partner should be declared to your partner's ex as part of the property settlement. This is because money transferred into this new property may be part of "shared property" between your partner and your partner's ex. Until you can be sure that the money only comes from separate property, then your partner should disclose it to be safe.
Thank you Sarah. I think we will just have to wait until it is all settled with the ex - even though she has dragged this on for over a year already. So frustrating when we have found three houses that would be have been perfect *sigh*