Property Settlement Where House in Ex-Partner’s Name

by | Family

All assets are taken into account in a property settlement regardless of who has legal title to the asset. Even if your ex-partner is the registered owner of the property, you may be entitled to a share depending on your contributions and other relevant factors.

Property includes real estate (irrespective of whether it is solely in your partner’s name, jointly owned with you or with other people). It also wouldn’t matter if the property is owned by a company, if you or your partner own shares in the company. Other examples of property include a franchise business, shares in public companies, an interest in a family trust, furniture, motor vehicles and jewellery.

If a property is in your partner’s sole name, you may need to take steps to ensure that they cannot sell or encumber the property without your consent. For example, you can lodge a Caveat against the title of the property so that your ex-partner cannot sell the property or use it as security for a loan. In some cases, you may have to make an urgent application to a Court and ask the Court to make orders preventing your ex-partner from selling the assets.

For further information please contact Michelle on 8362 6400 or email Michelle CrichtonJoin our mailing list to receive updates and advice on current issues

  • Michelle Crichton

    About the author: Michelle Crichton

    Michelle is a specialist lawyer in wills and estates, divorce and injury matters. She has a strong track record in achieving excellent results.

    Michelle's legal knowledge is excellent and she has a strong commitment to client service. She is fiercely protective of her client’s rights and works hard to ensure her clients receive the best outcome.

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