Going through a separation is tough enough without the added stress of property ownership issues keeping you up at night. If you’ve purchased a home with your de facto partner or husband—or even multiple properties—but none of them are in your name, you might feel especially vulnerable. The good news? The Family Law Act 1975 provides protection for you.
Understanding Your Rights Under the Family Law Act
Under the Family Law Act 1975, it doesn’t matter whose name is on the property title. The Act has the power to make property adjustments, including orders that property should be transferred to another party. This means that even if your name isn’t on the title, you still have a claim.
Why Urgent Legal Advice is Crucial
If your name isn’t on a piece of property, it’s essential to obtain urgent legal advice. Here’s why:
- Prevent Unauthorised Sales: If your name is not on the title, your former partner could list the property for sale without your knowledge.
- Secure Your Interests: Legal advice ensures that your interests are protected and that any property dealings are handled fairly.
- Reach Interim Agreements: It’s important to reach an interim agreement (or in some cases seek urgent court orders including injunctions) to how (or how not) a property can be used or disposed of until a property settlement is reached and agreed upon.
How Coastal Lawyers Can Help
At Coastal Lawyers, we’ve represented many clients in this position. We understand the complexities of property settlements and can provide you with the guidance you need to navigate this challenging time. Whether it’s preventing unauthorised sales or ensuring a fair property adjustment, our experienced team is here to support you every step of the way.
Take Action Now
Don’t let property worries add to the stress of your separation. Contact Coastal Lawyers today to book a strategy session. We’ll help you understand your rights, explore your options, and chart the best path forward for your particular matter.
DISCLAIMER:
The information contained in this blog is for informational purposes only and does not constitute legal advice. For tailored legal guidance, book an obligation-free appointment with Coastal Lawyers online.
Separation is tough, but you don’t have to face it alone. Coastal Lawyers is here to provide the support and legal expertise you need to secure your future.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.