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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 862
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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can a wife who is seperated from er husband place a caveat

Customer Question

can a wife who is seperated from er husband place a caveat n husbands property prior to settlement for protection of property
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning,

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

She can place a caveat on the title, but if she's doing it to protect herself for a possible property settlement under the Family Court Act the Caveat can be removed as a property settlement is not an equitable interest or a right that gives rise to a caveat.

the ex-husband should give his solicitor to write to the ex-wife and advise that if it is not lifted there will be seeking a court order and also seeking costs against her because it is not permitted under the Family Court Act

Is there anything else I can assist you with?

Customer: replied 1 year ago.

So what rights do I have against the settlement happening to protect myself


 

Expert:  Leon replied 1 year ago.
Good Morning,

Your rights are under the family Law act/family Court act and you can make an application to the court to stop him from selling and even request a split of the property.

The law and the courts apply the following 4 steps in all property settlements:

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your spouse made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

If these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses

You would be entitled to a share of the assets (less debts) and depending on the length of the marriage and if there are children you will share would be adjusted accordingly.

is there anything else I can assist you with?

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Deborah Awyzio
Deborah Awyzio
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Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience