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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5138
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My sons have a undivided half share with my sister in law in

Customer Question

My sons have a undivided half share with my sister in law in a rural property gifted to them by their grandfather, she wishes to have the property partitioned under PROPERTY LAW ACT 1969 - SECT 126. Will the court take into account the difference in value of the separate lots as her proposed division leaves my sons portion of the land at a much lower value than hers.
JA: Since laws vary from place to place, what state is this in?
Customer: Western Australia.
JA: Has any paperwork been filed?
Customer: No not yet, as my boys have turned 21 we have requested that they as per the deed have their name added to the title, her response is she will immediately request a partition.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I dont think so.
Submitted: 3 months ago.
Category: Australia Law
Expert:  attyadvisor replied 3 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you. You are in the US section. Let me have the site move your question.

Expert:  Daniel replied 3 months ago.

http://www.austlii.edu.au/au/legis/wa/consol_act/pla1969179/s126.html

In short, yes, the court has power under that section to make an order and take into account the value of the different partitions.

An option would one party to pay the other party the difference of the value, or some other arrangement if there is an issues.

But yes, the court will take it into account.

I wish to help you in this situation.

Expert:  Daniel replied 3 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.