VIC Separation and Property Settlement - Can She Stop Sale of Property?

[redgum]

Hi
I went through a legal separation with the wife about 25 years ago but we have not had a divorce, as there were 3 children involved. I bought a ten acre property in 1999 with a house, so they could have stability. Meanwhile I worked for on rotating shifts in Melbourne until 2009 when the plant was shut down.

All the children moved in with me to rental properties as soon as they were of age. The wife has been living there ever since while I was paying the rates, insurances etc.

My question is, I need to sell the property now, can she stop this sale? I have no problem in giving her half of the proceeds as property settlement.

 

[Worldly1]

It sounds like it might be worth filling out and filing your divorce application to close that chapter of your life. Generally there is a time limit for property settlement claims without special leave of the court, which is 12 months after divorce. To better protect yourself in the meantime, get a binding financial agreement (also known as a separation agreement) and agree on the terms together, then you both obtain independent legal advice to make it binding - see:

• Property Settlement After Separation - Agree Now, Don't Pay Later - Legal Blog - LawAnswers.com.au
• Separation Agreement Kit – Australia - Legal Documents - LawAnswers.com.au