Buying property after separation but before consent order

If a property is purchased by the husband a few months after separation, then is the stamp duty paid for such property added to the asset pool? He will not sell this property.

 

Shouldn't this be a question directed to a lawyer who specialises in Family Law and not the internet

 

Best to seek legal advice before making any financial decision or investment before a final property settlement is in place.

 

I am not a family lawyer, but I would think so as the payment of duty is reducing the assets of the person paying it.

 

Marg & neK, Yes, a new lawyer is going to be seen soon. This point was not considered (amongst numerous other points) by previous lawyer. So before seeing a new lawyer, doing an information/knowledge gathering exercise.

Terry - exactly my thoughts.

 

Why would the stamp duty paid be added to the asset pool? The asset pool just got reduced!

If you're fishing around for the effect of the purchase, then that's a harder question to answer. Pretty much impossible to say without detailed instructions unfortunately.

There could be some sort of add-back calculation for division purposes if that's what you're getting at.

I'd stick to just collating financial information and relevant instructions rather than trying to answer conclusive legal questions. You don't know when you're asking the wrong question, which I suspect is the case here.

 

Thank you thatbum, what do you mean by detailed/relevant instruction please?

Yes, was thinking of add-back calculation as this money belonged to both husband and wife. The husband has also been withdrawing large sums of money ($150,000 no idea for what and where it went)

Also, if you could pleas advise on how to find a good family lawyer?

 

Whats your involvement in all of this?

 

Family

 

Basically collecting detailed and organised information that is relevant to helping your lawyer give you legal advice and/or progress your matter. Not trying to jump the gun and try and figure out the solution yourself.

In medical analogy terms, its the difference between keeping an accurate diary of your symptoms, treatment or diet - compared to googling online or asking a forum for a diagnosis.

I would ask other lawyers. As many as possible. Most lawyers in town would know who the other good operators are.

Unless you're in WA, I probably can't directly help with this unfortunately.

 

Yes, that is what is being done. To give the lawyer all the information and seek legal advice.

Don't know any lawyers. The previous lawyer was from a CLC.

 

Years ago I had a client who deferred making a family court split with his former spouse. He didnt think they had uch in the way of assets. Until he won lotto. Then the fun started.

 

lol

 

Ask the CLC lawyer for a recommendation. They would know.

 

Lolol indeed. There's some famous cases that involve lotto wins post separation (but before final property orders are made obviously).

Some were people that never bothered to get divorced for many years (and hence the limitation period for property orders next expired).

 

Lotto wins, inheritances, changed fortunes and even super !!!!!

 

Try the internet, there's lots of lawyers out there, some might have a reputation.