VIC Time Limit to Pursing Property Settlement?

[Alexandria1]

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

 

[sammy01]

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.

 

[JS79]

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.