what are my rights

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Joe Black

Well-Known Member
9 January 2019
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Hi,

X and Y have been married for 4 years and living together all that time.
Y moved into X's house contributed to the bill, maintained the home. The home was mortgage free.
X and Y then buy a house together and contribute 50/50 to all the expenses.
X sell the premarital property and now will not revel the settlement figure or what has happened to the money.
X says its non of Y's business and its x's money.

What are y's rights regarding the finances from the sold property?
Can X do what they want with the money received?

thanks for your help.
 

Rod

Lawyer
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27 May 2014
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There is no obligation on X to disclose anything while in the relationship. Keep in mind it only takes one person to declare the relationship over.
 

Joe Black

Well-Known Member
9 January 2019
52
6
229
Ok thanks
Just one more thing, how would y place a caveat on the mortgage to stop the house being sold?
 

Rod

Lawyer
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27 May 2014
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Which property?
 

Joe Black

Well-Known Member
9 January 2019
52
6
229
The property they both live in
Y is not on the land title or mortgage but has contributed to 50% of the build and bills.
 

Tim W

Lawyer
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28 April 2014
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  1. In short and simple, no, outside of divorce proceedings, Y(ou), even though a spouse,
    does not have any kind of enforceable right to know how much money X made in the sale.
    Nor any kind of enforceable right to a share of it just because Y is (you are) X's spouse.

  2. If you're trying to work out how true it might be
    that if you leave, then you'll be left with nothing,
    then you're doing it wrong.
 

Joe Black

Well-Known Member
9 January 2019
52
6
229
Ok what about if they are now separated? Does that make a difference??
Thanks for helping .
 

Tim W

Lawyer
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28 April 2014
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Sydney
Ok what about if they are now separated? Does that make a difference??
Not immediately.
But the proceeds of the sale could well form part of the Asset Pool in a divorce.

Are we talking about you, or somebody else?