Family Law Issues in Real Estate Sale

Family Law Issues in Real Estate Sale

Hi my name is Vanessa Cresia and I want to discuss common family law issues in Real Estate Sale we encounter and can solve for you and your clients’.

 

(1)    Husband and Wife want to sell their property and then the Wife dies. What are the implications? Can you sell or buy off the survivor alone?

(2)    What are the implications when a property is being sold that is held by a family trust?

(3)    Does a spouse or de facto partner of your client have a legal right over a property solely in your client’s name? Can your client’s de facto partner or spouse prevent a sale? Can your client’s de facto partner or spouse lodge a caveat over the property? Does your client’s de facto partner or spouse have a legal right over a property that they are not on the Title of?

(4)    Can you sell a property (former matrimonial home) for one spouse or de facto partner that has a caveat lodge by the other spouse or de facto partner of your client?

(5)    What are the differences and the implications when selling a property between tenants in common and joint proprietors and the implications relating to de facto relationships or marriages in sales?

(6)      What if property is owned by one spouse/ de facto or trust or controlled by a spouse? Who is the vendor?

(7)    Marriage exists as of the date of the marriage ceremony but when does a de facto relationship exist?

(8)    When is it a “de facto relationship”, how long for they have to live together before they are classified as being in a “de facto relationship”, or are they just “friends with benefits”? For example there was a case of Jonah v White [2012] fam CA FC 200 a review of factors of s.13(2) of the Family Law Act to determine whether or not a “de facto relationship” exists and which did not break down before the 1 March 2009 being the commencement of the Relationships Act.

IF you want the answers to these questions or have any queries call me Vanessa from Costanzo Lawyers on 9894 5888.

Comments are closed.