QLD Purchased Property Before Filing for Divorce?

[PinkPanther99]

If ex purchased a property with a new partner before filing for divorce, would the ex husband have any right to claim part ownership of that property, since it is technically still regarded part of the 'marriage pool'?

Property was purchased with the new partner, but before the divorce was even filed.

 

[CSFLW]

That is a tricky question.

Maybe, but the ex-husband would need to prove it was purchased with funds from the matrimonial asset.

 

[PinkPanther99]

Not the case. They just bought the house before the divorce was even filed. She and her new partner. No shared assets were sold to fund that purchase.

 

[sammy01]

ok so you need to be able to prove to the court that you managed to save the deposit since separation. Hey I'm not saying your lying... But establishing where the $$$ came from is gonna be the difference.

 

[Rod]

If ex purchased a property with a new partner before filing for divorce, would the ex husband have any right to claim part ownership of that property, since it is technically still regarded part of the 'marriage pool'?

It is possible, yes.

The detail is what will determine the outcome. The ex needs to start talking to their ex about a property settlement, preferably sooner rather than later. It is already messy and likely to get messier the longer it is left.

 

[PinkPanther99]

It's not me, but the ex of my fiance who all of a sudden purchased a house with her new partner.

 

[sammy01]

How long was the relationship? were there kids? I'm guessing there is probably no reason to even bother going after asset division if the marriage was short?

 

[PinkPanther99]

Yeah just shy of 20 years, two kids.