Hi guys,
If you separate with your wife, and there is an account that has money in it under her name, is this just hers or are you entitled to any of it? House has both our names on it, cars have diferent names etc. I mean it was left to her from her aunt in a will, well the flat was that was sold. I cant seem to find info on the law sites about this, just divorce info. Thanks in advance
Justin
Try fullkit.com.au might have something
I think every wealth and financial aspects is shared between the two of you the day you both got married.
"The key consideration in determining the in which an individual savings account is handled in a divorce case is when and how the money in the account was obtained. If the money in the account consists of wages earned by the spouse who opened the account during the course of the marriage, this money is considered marital property and is subject to division. However, if one of the spouses brought the money into the marriage and placed it in a segregated, individual account, the cash is not likely considered a marital asset and will be set aside for the spouse who earned the money before the start of the marriage."
thanks guys
a flat was inherited while we were married (we are still married but separated a month ago) which WE finished reno'ing and sold it, money put into a savings account under her name. But this thing with this stuff is, that if the wife wants to , she can just empty the money out before the divorce/ if the divorce go's through. So If I was the wife and wanted to be mean, i would just empty that account and put the cash somewhere or in the mothers safe or something. Or am I missing something?
Yeah that's true.
Do you want to take her inheritance?
I think you should be entitled to some due to doing the reno. I know you are talking legally but are morals coming into it?
Legally i had a similar situation
Depends how bitter you are,
It can as far as a split in all assets including superannuation
Being born male means you get penalised come divorce time. I’m making sure I’m coming female in my next life
Posting links to american websites won't help if you are located in Australia.
Names on property dont really matter that much in divorce property settlement. Check out the family law act and the family law court website.
Property of the marriage can be divided. This can include all property of individuals of the marriage including land, cash, inheritances etc.
Who gets what will depend on a heap of factors including where the property come from, who contributed to it, needs etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
lol yeh too true!
Yes that's right, if we're talking morally, why is it that the wives can take super as well as money, assets & more etc…
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