Can I Obtain A Share Of My Ex-Partner’s Property?
Do you have a property dispute with your ex-partner? If so, then you may be wondering if you can claim a share of their property. The answer is yes, provided that the court makes an order for property settlement and that neither party has already reached agreement on how their assets will be divided. Hire Property lawyers in Melbourne if you are facing property issues.
The first step is to make an application to the Family Law Courts for property settlement. This can be done at any time during your marriage with the help of Property lawyers in Melbourne, but it's important to note that you'll need to file your application within 30 days of getting a financial agreement or court order in place.
The court will consider your financial situation and your partner's (if they are still alive) as well as all other relevant factors such as:
- how long you've been married or living together,
- how much money each person earns and invests,
- who pays for what bills in the relationship and whether those costs have changed over time,
If the parties cannot reach an agreement regarding the division of property, the court will make its own decision on how the assets should be divided. The court will not take into account any agreements that you and your ex-partner have made.
The judge will also consider your financial situation, as well as your partner's financial situation. For example, if one party has a lot more money than another party does (for example: one party has substantial savings), then it is likely that this party will receive a larger share of their jointly owned assets when they are divided by a court order at divorce.
Getting Legal Advice
If you want to ensure that you get the best possible outcome for yourself, it is important to get legal advice from Property lawyers in Melbourne.
- You need to know what your rights are and how to exercise them
- You need to know what you can expect from the court
- You need to know what your partner's rights are
If possible, it is also highly beneficial if both parties seek independent legal advice at this stage as well.
Both parties must pay attention to their financial situation at this time
You will need to prove your own financial situation, and also prove that your partner has hidden assets. It is wise to hire a property lawyer to assist with this process, and make sure you both have access to one before proceeding with any actions against each other.
You can make a claim for property settlement if you cannot agree with your partner on what share they get of your property
- Property settlement is the distribution of assets and property after a relationship ends.
- You can make a claim for property settlement if you cannot agree with your partner on what share they get of your property.
- If you are making an application to the Family Law Courts for a division of property, you will need to file documents called ‘statements’ in relation to your financial circumstances and any agreements or issues relating to children.
Conclusion
If you and your ex-partner are unable to agree on the division of assets, it is important that you seek legal advice as soon as possible. You can do this by contacting one or more family law solicitors in your area, or even looking online for a suitable solicitor. It may be worth considering a free initial consultation with a solicitor before making any decisions about how to proceed.