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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4534
Experience:  Dip Law LPAB - Sydney based lawyer
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if I buy a property under value in a family dispute also

Customer Question

if I buy a property under value in a family dispute

also if he has some money and transfers it to anotherrs persons account

can the fami;y court take the property and the money from me



my email
XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
There are many situations in which a court can recover money which has been transferred.

So you will need to elaborate on your situation and the reasons you are concerned in order for me to sensibly comment.
Customer: replied 1 year ago.

 


They have split up and split all assest includind there original property 50/50 but the wife has taken his personal jewellery and other personal property which was not in the agreement value approx $200,000.00


His two children are all married and have children of there own and both have there own houses and have morer assets than he has.


His wife has bought a unit in Melbourne and the husband has bought a house in Cairns.


Now her solicitor wants to obtain more assets from the hasband.


He has been advised to sell his house and transfer his money


or form a personal trust


 


He was also advised buy his solicitor to lay criminal charges against his wife for stollen jewelly but he wants to move on withy his life


 


Can the wife take more than the


50/50 split that was originally agrreed


 


That is why he wants to sell his assets to someone he can trust.


 


If she cannot take more than the 50/50agreed there is no need for hikm to sell his house


 


the property I will buy it outright and pay stamp duty


 

Expert:  replied 1 year ago.
There are two issues which will decide whether the wife can claim more than 50/50 in the original agreement:

Firstly the wife will have to set aside the original agreement. This may be possible if the agreement was made without the parties being independently advised (which is a requirement of the Family Law Act) or if the agreement was induced by fraud on the part of the husband (such as because he failed to fully disclose his financial situation and assets).

Secondly, if the agreement can be set aside, she will only be entitled to more if the court considers that she ought to have been entitled to more than 50%. Under the family law act the court determines what a fair apportionment of the total asset pool should be having regard to the financial and non financial contributions of the parties, and then adjusting for considerations such as where one party will be caring for the children of the marriage, or where a party has health issues which would prevent them from adequately supporting themselves. So unless these considerations warrant the wife receiving a greater than 50% share she will not be able to claim anything more than she has received even if the original agreement was defective.

Assuming she is entitled to a greater share, and the original agreement was not legally binding for some reason, then it is possible that she could be awarded a further share of the husbands assets. If his remaining assets are inadequate to meet the courts assessment of his obligations, then the court could consider recovering money or assets from third parties, but generally only if the court were satisfied that such assets or money were not disposed of for less than a commercial basis, or in a way intended to defeat any future claim. In short if you acquire money or assets from the husband in circumstances which are not genuine dealings, the court might recover such assets if they are needed to meet any further property order against the husband.

Of course, if you pay the full commercial value of the house then you should be safe from any such claim.

I trust the above assists your understanding.

If there is further information or follow up questions you require then please ask and I will try to assist you further, otherwise please rate my answer so that I can be paid by the website operator for my time.

Please note I am only paid if you rate me with three or more stars/smileys.

Thank you and good luck.

Patrick

Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4534
Experience: Dip Law LPAB - Sydney based lawyer
Patrick H. and other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.


thank for your advice it.s advice I have been given before


 


The husband is in pannic mode both are on a pension and both are ill.

Expert:  Patrick H. replied 1 year ago.
How long ago did they divorce?

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