Is a house owned before marriage marital property Australia?
Is a house owned before marriage marital property Australia?
Property (that is, assets and liabilities) belonging to a party before the relationship is still that party’s afterwards. There is no law that it must be automatically transferred into joint (both) names. The same applies to property acquired in only one party’s sole name after the relationship has ended.
What happens to property owned before marriage Australia?
A pre-marital asset will be considered to be a contribution of the person who bought that asset into the marriage. There is a principle in law known as the erosion principle, which means that over time the value of the initial contribution reduces and the contribution of the other person increases.
Can my ex partner make me sell the house?
You may be able to approach the court for interim orders to force the sale of the house. If granted, the orders would allow for the property to be sold, and would also instruct a timeframe within which it should be sold.
Can I be forced to sell a jointly owned property?
The Court’s power to order partition or sale Under s 66G of the Conveyancing Act 1919, a co-owner of a property can apply to have a trustee (i.e. third party) appointed to sell or partition the property, subject to any encumbrances. In this case, the Court will order the sale of the whole property.
Can my ex refuse to sell our house?
If your ex partner refuses to sign to sell the house, unfortunately your only option is to seek legal advice and settle the matter in court.
Can one sibling forced sale of inherited house?
When siblings inherit a property the best case scenario is that they all agree on what to do with it next. Unfortunately differences of opinion are common, causing divisions at an already difficult time, but without going to court one sibling can’t force another to sell an inherited home against their will.
Can a judge force you to sell your house?
If you own a home with others and can’t agree on its use or disposition, a judge can order the home sold off to resolve the dispute. In partition lawsuits involving homes, judges sometimes just order them to be sold, with proceeds split among co-owners.
