Buying property after separation but before consent order

Discussion in 'Legal Issues' started by ShopProp, 23rd Oct, 2019.

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  1. ShopProp

    ShopProp Member

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    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.
     
  2. neK

    neK Well-Known Member

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    Shouldn't this be a question directed to a lawyer who specialises in Family Law and not the internet :D
     
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  3. Marg4000

    Marg4000 Well-Known Member

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

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    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.
     
  5. ShopProp

    ShopProp Member

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    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.
     
  6. thatbum

    thatbum Well-Known Member

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    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.
     
  7. ShopProp

    ShopProp Member

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    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?
     
  8. Trainee

    Trainee Well-Known Member

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    Whats your involvement in all of this?
     
  9. ShopProp

    ShopProp Member

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    Family
     
  10. thatbum

    thatbum Well-Known Member

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    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.
     
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  11. ShopProp

    ShopProp Member

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    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.
     
  12. Paul@PAS

    [email protected] Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    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.
     
  13. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    lol
     
  14. thatbum

    thatbum Well-Known Member

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

    thatbum Well-Known Member

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    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).
     
  16. Paul@PAS

    [email protected] Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Lotto wins, inheritances, changed fortunes and even super !!!!!
     
  17. Scott No Mates

    Scott No Mates Well-Known Member

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