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I have been seperated for a year now and we're starting to…

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Hi, I have been...

Hi, I have been seperated for a year now and we're starting to divorce and sell the house and disperse the proceeds. My ex has said that the money she received from inheritance years ago needs to be returned to her before the distribution of money. Is this correct?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I'm in Perth, Western Australia

Lawyer's Assistant: Has anything been filed or reported?

She informed centrelink when she applied for assistance after we seperated but that's all.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not relating to this question

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/19/2018
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,556
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 7 months ago

have created a list of assets and liabilities that you are aware of yet ?

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Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,948
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Afternoon

I am Leon, and I practice in Sydney.

I note you are asking about the inheritance of your ex wife and if she gets is back.

In any family law matter for property the law will apply the following 4 steps.

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 Husband 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

If the inheritance is received near the end of the relationship then she can seek orders to have it excluded. But if it was received during the relationship then it will form part of the pool and will be split. The longer the time between its receipt and the date of separation the less chance of it being excluded and her getting it back.

If early on it is a contribution of the person that received it.

Here is some information on how they are treated and the link it comes from

The family law approach to the treatment of inheritances varies depending on the following factors:

  • the timing of the inheritance i.e. before the commencement of cohabitation, during the de facto relationship/marriage, or after separation;
  • whether the party who did not receive the inheritance could be said to have made a contribution to it; and
  • the size of the inheritance compared to the value of the overall asset pool.

In light of those factors, the court will determine whether the inheritance should be considered as a ‘contribution’ on behalf of either or both of the parties or if the inheritance should be excluded from the property pool, with an adjustment made to the party who does not receive the benefit of the inheritance.

https://www.cgw.com.au/publication/inheritances-and-property-settlement-will-you-lose-the-inheritance-to-your-former-spouse/

Here is a further link that refers to cases and how the courts have dealt with them.

http://www.kottgunn.com.au/updates/property-settlement-inheritance-misconceptions/

If it was during the relationship It would more than likely be a contribution and be included in the pool and split.

I hope this makes sense and is of assistance. I am happy to discuss on the phone if you wish.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Solicitor: Leon, Solicitor replied 6 months ago

Good Morning

I am following up my last post.

Is there anything else I can assist you with?

I look forward to hearing from you

Regards

Leon

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