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VIC Time Limit to Pursing Property Settlement?

Discussion in 'Family Law Forum' started by Alexandria1, 7 January 2016.

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  1. Alexandria1

    Alexandria1 Member

    29 November 2014
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    Hello, can you please help with the following query?

    If a husband or wife decides to leave the matrimonial home, how long does this person have in which to pursue a financial or property settlement claim on the home?

    Just to clarify, wife leaves husband (and young daughter). Husband and daughter remain in the matrimonial home. Husband receives correspondence from a solicitor representing the wife and he then engages a solicitor but it fizzles out and the husband hears no more from either the wife or her solicitor.

    This was 8 years ago.

    Is there a defined period of time in which the wife can seek a claim on the matrimonial home and if so, once beyond this time, what is the situation?

    Thank you
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    12 months from time of divorce NOT separation. Oh dear...

    So here is what I reckon you do. Ask her to help you with the paperwork. You can find it at
    Divorce Service Kit (do it yourself kit) - Family Court of Australia

    If she won't, then you can make a sole application.

    Now the other problem is that if her name is on the title, you can't sell it without her consent and that can get messy. Is her name on the title?

    I really hope you've already divorced her and her name isn't on the title...

    If that is the case, you're home free.
  3. JS79

    JS79 Well-Known Member

    2 October 2015
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    You can apply for this within 2 years of separation, or 1 year and 1 month from your divorce hearing.
    They won't be able to start this now - the limitation period has expired.

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