QLD Property Settlement - Does Wife have Claim on My Savings?

[Craig Wilson]

Separated 4 years at that time, 5 properties with 4 mortgages owing a debt higher than what the properties were valued at. Ex wife did not contribute to mortgages or outgoings since time of separation. Properties have now been sold with a small amount of money being left over.

Does she have a right to claim this money in property settlement? Does she have the right to claim half of my savings in my bank accounts as she is working and earning more money than I am? Does she have the right to claim court costs if she takes me to court suing me for monies she is chasing?

 

[AllForHer]

Yes, she will still have an interest in the profit made from the properties sold. The properties were considered a joint interest because you both benefitted from them in some way, and as such, they would be considered in a property settlement procedure, if a settlement had not already been decided by the parties. A similar rule applies for cash savings.

As for court costs, she can apply to have you pay for court costs, but it's for the court to decide if she will get it or not. Ordinarily, parties in family matters are expected to pay for their own costs, but costs can be awarded in some cases, including (but not limited to) where one party has been vexatious or has deliberately delayed proceedings.