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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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I have been separated months and want to buy a house using

Customer Question

I have been separated for 8 months and want to buy a house using money for a deposit from the sale of the family home. It will be in my name only is there any way my ex husband could claim/take/etc my house?
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.

Hi Tamara

Have you reached a binding property settlement with your ex husband?

I assume you have not... and if that is the case.. then Yes, your husband could make a claim when the property settlement is eventually completed.

It is best to obtain your binding property settlement first... you do not have to wait until after the divorce is finalised.. it can be done anytime from the date of separation.. there is a time limit of 12 month after divorce, after which you need to obtain the permission of the Court and explain the delay... before an application can proceed in the Court.

If you both agree.. you can obtain a BFA - Binding Financial Agreement outside of Court... but you must first both obtain a certificate of independent legal advice, prior to signing.

If you both agree, a cheaper alternative, is to agree to and lodge consent property settlement orders for the approval of the Court.

If there is a dispute.. please read the following Court prescribed brochure for more information about the Court process.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/reports-and-publications/publications/financial/before-you-file-pre-action-procedure-for-financial-cases-%28prescribed-brochure%29

Kind regards,

James