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My husband and I are planning to divorce. We own three properties in Sydney, which we purchased together, but they are all registered under his name. How can I prevent him from secretly selling these properties?

Protecting Property Interests During Divorce

To prevent your husband from selling the properties during the divorce process, you can take several legal steps to protect your interests:

1. Seek Legal Advice

Consult with a family lawyer who specializes in property settlements and divorce. They can provide you with tailored advice and guide you through the process.

2. Apply for an Injunction

You can apply to the Family Court or the Federal Circuit Court for an injunction to prevent your husband from selling, transferring, or otherwise disposing of the properties until the property settlement is finalized.

3. Lodge a Caveat

A caveat is a legal notice that you can lodge with the Land Titles Office to prevent the sale or transfer of the properties. Here's how you can do it:

a. Identify the Property Titles
You will need the details of the property titles, which can be obtained from the Land Titles Office or through your lawyer.

b. Lodge the Caveat
Complete and lodge a caveat form with the Land Titles Office. This will notify anyone attempting to deal with the properties that you have an interest in them.

c. Serve Notice
Once the caveat is lodged, serve a copy of the caveat on your husband to inform him of the action you have taken.

4. File for Property Settlement

File for a property settlement in the Family Court or Federal Circuit Court. The court will consider various factors, including your financial and non-financial contributions to the properties, and make orders to fairly divide the assets.

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Law Firm's Insights

Date

17 December 2021

Place

CANBERRA

Appellant

Bainbridge Legal

Judge

GILL

Highlights

In 2010, the mother met the father and commenced a relationship. The parties cohabited from 2011 to 2012, after which they married. In 2013, the parties’ child, X, was born. In 2015, the mother and father separated. The mother alleges that the father has abused X. She maintains that she is one hundred percent certain of this and that X is in danger. Accordingly, she was directed to identify in advance of the trial the factual matters that she relies upon in relation to this aspect of her case. The mother compiled a case outline document which identifies a number of matters pertaining to risk to X. These include reports from various agencies concerning the father's interactions with third parties and with the mother herself. During the trial, the mother added a number of matters flowing from subpoenaed material (either from before the relationship involving the father's interactions with third parties or before separation involving the father's interactions with the mother) that she said were demonstrative of the proposition that the father is aggressive. Given that much of what is alleged by the mother lacks evidence capable of giving it any probative support, it is difficult to see how any of it would have bearing on whether or not the father has abused X. In addition, many of the issues raised by the mother point in just one direction – in favor of finding that he has abused X.

Judgment

All previous orders with respect to child "X" born in 2013 are discharged. The father is to have sole parental responsibility for the child and will be required to comply with the following orders: -Have regularcontact with the mother, permitting unsupervised visits every other Saturday, for two hours each visit. -Allow the mother to spend time with the child during Christmas and summer holidays. -Pay any costs associated with these orders. The text summarizes the court's orders concerning a child who was born in 2013. All previous orders regarding this child are discharged, and the father is now solely responsible for the child. The father is required to have regular contact with the mother (including permitting unsupervised visits every other Saturday), allow the mother to spend time with the child during Christmas and summer holidays, and pay any costs associated with these orders.

Legislation

1.Family Law Act 1975

2.(Cth) ss 60B, 60CA, 60CC, 65DAA, 69ZX, 75, 79

3.Family Law Rules 2004 (Cth) r 11.07

4.Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 8.01

Other FAQs You may Interested In

1. Having married in Sydney but subsequently relocated abroad, I find myself in the process of divorce. I require clarity on the necessity of my physical presence for the legal proceedings and the procedures for managing this matter remotely.2. My spouse and I jointly own a property in Sydney, yet we are unable to reach an agreement on its division. I am seeking clarification on the legal procedures involved in asset distribution during divorce proceedings, as well as the rights and obligations associated with it.3. Despite reaching a property settlement post-divorce, I fear my former spouse may attempt to manipulate assets or backtrack on the agreement. I am interested in exploring preventative measures within the legal framework and strategies to protect my interests effectively.4. My girlfriend and I have been living together in Melbourne for three years without being married. We jointly purchased a property here. Now, she wants to break up and take the house for herself. What should I do to recover the money I invested in the house?5. My spouse and I operate a business together in Sydney, and with our impending divorce, I am seeking guidance on the equitable distribution of shared business assets and liabilities. Additionally, I seek advice on protective measures for my own interests during this process.

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