A fair settlement of matrimonial or defacto property will take into account what the parties owned at the commencement of cohabitation and how the parties contributed to the acquisition, maintenance and improvement of property.

Anything bought during the relationship or with funds acquired during the relationship  may constitute matrimonial property. Debts will also be taken into account.

If one party owns real estate in their sole name they can legally sell that property without the other party’s consent.  In this situation the other party should legal advice from a family lawyer and consider protecting their interest in the property by way of a caveat or injunction.

Read more

• Superannuation splitting
• Divorce
• Valuing assets
• Spousal maintenance
• Family Law Mediation
• Children and Separation

Useful links

• Family Law Act
• Domestic Partners Property Act
• Australian Government – Family Law

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Our Lawyers 

• Joanne Collie
• Jane Moore

Important Documents 

• Assets and liabilities worksheet