NSW Family Court - Will Ex Have a Claim on Property?

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tony_b

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23 August 2017
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Separated from three years (2015), divorced from six months in mid (2017). Can my ex a file claim on any property if I want to buy now? We are in family court for parenting.
 

Rod

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Possibly. Best arrange a property division before purchasing.
 

AllForHer

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Parties have a 12-month time limit on filing for a property settlement after a divorce has been finalised, after which they need leave of the Court to file. Since property settlements are determined on the value of the shared asset pool on the day of settlement, rather than the day of separation or divorce, it is best ot wait until this 12-month time period has passed before investing in any new assets, because the ex may still be able to stake a claim on them in the meantime.
 

Rod

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Note that courts can and have waived the 12 months limit so this is no guarantee of safety. Sort out your property situation with your wife first, then purchase to avoid unnecessary risk. Being forced to sell again by a court can be an expensive and fruitless exercise.
 

AllForHer

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Yes, she can.
 

Rod

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Potentially yes. All property at time of court goes into the mix. You argue for exclusions, your ex argues for inclusions, the court decides one way or the other what stays in the pool for splitting. What you don't do is attempt to hide items because if you attempt to hide items and they are discovered, the court then wonders what else has been hidden and not disclosed and may decide to give your ex a greater share of what has been disclosed because it deems you untrustworthy and likely to have more hidden assets.
 

tony_b

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23 August 2017
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What if she had no contribution in that money because what she earned from her job (when we were in relationship) she already taken from me via cheque (after separation)? She was working full time and I was the main carer of children before separation. Still she can claim and get?
 

Rod

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It is not possible to answer a detailed question like the above in an online forum.

The answer is it depends. A lawyer needs to look at all the facts and figures to arrive at a considered view, starting pre-relationship going all the way through to post relationship. It will take a few hours of time to work through all the information, after you provide it, before a range of solutions can be estimated. This is not a trivial exercise.
 
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tony_b

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23 August 2017
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I work fulltime. My annual income is around $75000, separated from last three years, planning to buy property that is around 700000$, which needs a deposit of around 130000$. Can she still claim and get?

And the second thing is, I want to know is will my child support come down if I am paying mortgage instalments?