Property Disputes | Need help With Your Ex! - Cominos Family Lawyers

Property Disputes

We understand that going though a property dispute with a former partner is a challenging and stressful time. We have many years of experience in property disputes, no matter how complicated.

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What can I do if my ex won’t agree to settle our property dispute?

If you and your ex are unable to agree about how to divide your assets or property, you may choose to file at the court to get a decision.

Going to court is a last resort after all mediation and negotiation options have been tried.

My ex refuses to tell me what assets he/she has?

In all property matters when people separate or divorce there is a legal duty to exchange financial documents. Financial documents include bank statements, tax returns and superannuation statements. Each matter is different, so it may be that you need to ask for specific financial documents.

Is property overseas included in the asset pool?

All property that exists and owned by either you or your ex whether in Australia or overseas is included in property matters when people divorce or separate. Sometimes it is difficult to know who the legal owner of the property is or what the value of the overseas property is worth.

General Information – Property Disputes

There is no formula as to how property is split when people divorce or separate. The court has a process it must follow, but their decision will be discretionary. This means that they can make decisions that are not necessarily what you would have wanted and even expected.

If you and your ex are involved in a property dispute, you will need to get independent legal advice to assist you to resolve the despite or represent you at court.

In all property matters, no matter if there is agreement or a dispute, both individuals must exchange financial disclosure and this obligation is ongoing until your property dispute is resolved, either by you and your ex reaching agreement or by a Court Order.

Most property disputes that are filed at Court are usually resolved. There are a few property dispute matters which require a Judge to make the final decision.

It is important that whilst you and your ex are trying to work through your property dispute issues, that you keep meeting the mortgage repayments or other day to day living costs. If you are struggling with paying these expenses or household bills, let your ex know and make arrangements to pay in instalments or ask for a ‘mortgage holiday’.

For more specific legal advice on your property dispute contact us.