QLD Purchasing Property In-between Court Hearing and Divorce Order Date?

Discussion in 'Family Law Forum' started by Craig21, 17 June 2019.

  1. Craig21

    Craig21 Member

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    The court hearing granted the divorce order. I then purchased a house with property approximately one week later. This is also before the one month one day period for when the divorce order is stated to take effect.

    Can my ex make claim on this house?

    I've tried researching my predicament but most discussions are centred inside the separation period and not the period directly after the hearing and subsequent granting accordingly. I can't find anything remotely close. I would be appreciative to hear any thoughts. Many thanks.
     
  2. sammy01

    sammy01 Well-Known Member

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    More details needed...
    Do you have court orders about asset division?
    Mate, write a brief story/chronology for us.
     
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  3. Atticus

    Atticus Well-Known Member

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    Yep... More detail will help...

    The divorce and timing of the purchase is not the issue as much as whether or not you have a property settlement finalised, and what funds you used to acquire the house.
     
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  4. Craig21

    Craig21 Member

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    Marriage period:
    Married nearly 10 years with kids. No assets, other than two cars. Significant credit card debt acquired during the marriage in my name only and no contribution from her forthcoming to this day. No super. No savings.

    Separation period:
    We both took a car each worth about the same. Nothing else of significant value. Nothing acquired during the separation period. No property settlement was done as we didn't have anything to divide. I almost went bankrupt but worked two jobs to clear my name from the credit card debt. Ex claimed child support, I have the kids 50% of the time. Ex fixated on money. I saved a deposit for a house during this period to help give my kids stability.

    Divorce hearing:
    Divorce hearing occurred at approximately 16 months after separation. A week after this hearing granting divorce I bought a house. Divorce order stated to take effect it requires one month and one day.

    No orders or conditions issued from the court hearing. Thanks for taking the time to look over this.
     
  5. Atticus

    Atticus Well-Known Member

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    In short, she would need to apply to court for starters. Going on what you have written here, there is nothing to claim anyway... If she were to file for orders but you can demonstrate that the purchase was made with post separation savings from your own labour, then you're still in the clear..

    Nothing to worry about at all IMO.. Happy days
     
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  6. Craig21

    Craig21 Member

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    Thank you so much for your time and consideration I really appreciate this. Gives me great peace of mind. You do a wonderful community service here. Thanks again. Craig
     
  7. Atticus

    Atticus Well-Known Member

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    Only a recent member on this forum... Seems to be a great resource. Cheers
     
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  8. hshkara

    hshkara Well-Known Member

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    Yes she can make a claim on the house.

    It does not matter that it was purchased after a divorce order was granted.

    If there is no formal property settlement, i.e. a binding financial agreement or consent orders, she can make a claim on the property. You can also make a claim on her property i.e. if she inherited money from a relative tomorrow, it would be part of your matrimonial asset pool.

    The fact that it is received post separation does not mean it is automatically excluded from the asset pool. The fact that it is received post separation will be taken into consideration by the lawyers and the court.
     
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