QLD property settlement - property valuation and asset pool

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wander woman

Active Member
9 September 2019
6
1
34
Hello Dear forum members
I have a question which I disagreed with my lawyer, I will really appreciate some feedback from our forum members.

Here is a short background.
6 years of marriage, two young children, 50/50 care.

Before I met him, I purchased a property (oversea) for my mom to live, my younger brother also lives there to take care of my mom. I have never lived in that property; it was in my hometown. It will also provide a safety net for my mom’s future’s medical treatment expense since my mom’s health condition is not great. I bought the property shell and my sister did the interior and purchased all the furniture, decorations to set up a home for my mom, the property is under my sole name.

Before the relationship, Ex and his brother purchased an acreage land in QLD, his brother bought the land, and Ex purchased a Queenslander style house and also paid the transportation to move this house to the block of land, after 3 years, the whole property was transferred to their mom’s name to get a better council rate and other benefits.

I knew all this information because when we were in the marriage, my ex told me all the information, and his mother also shared a lot of details with me about how/when/how much they purchased this property, including the exact amount of contribution from Ex and his brother.

Now Ex argues that I should get my pre-marital property valuation and include in the asset pool. But when I asked him to get his co-owned property valuation, he refused and denied that he has any interest in that property. I then asked him to provide the purchase paper works about the acreage land, Queenslander house and transportation of the house, he refused and claimed he is not the “owner” therefore he has no access to those paper works.

What is my option?
 

Atticus

Well-Known Member
6 February 2019
2,045
299
2,394
Before I met him, I purchased a property (oversea) for my mom to live....... the property is under my sole name.
Before the relationship, Ex and his brother purchased an acreage land in QLD, his brother bought the land, and Ex purchased a Queenslander style house and also paid the transportation to move this house to the block of land, after 3 years, the whole property was transferred to their mom’s name

In a property settlement, ALL assets owned individually or jointly MUST be valued & declared.... As the property in England is in your name, it must be declared.... your ex's property has been transferred to his mum (before your relationship?) so unless he is getting some financial gain from it then it doesn't have to be declared..
Now Ex argues that I should get my pre-marital property valuation and include in the asset pool.
Valued & declared, yes.... Included in asset pool? Wouldn't have thought so. If it is you could certainly argue that it is an initial contribution that should be given 100% weight in your favour (quarantined from division)
 

wander woman

Active Member
9 September 2019
6
1
34
In a property settlement, ALL assets owned individually or jointly MUST be valued & declared.... As the property in England is in your name, it must be declared.... your ex's property has been transferred to his mum (before your relationship?) so unless he is getting some financial gain from it then it doesn't have to be declared..

Valued & declared, yes.... Included in asset pool? Wouldn't have thought so. If it is you could certainly argue that it is an initial contribution that should be given 100% weight in your favour (quarantined from division)

Hi Atticus
Thank you for your comments, what you said makes sense to me, and also help me understand my lawyer more :)
I just finished the hearing today and I am happy to go to get the valuation for the asset under my name.
My lawyer mentioned that the pre-martial assets need to be valued and declared, but will be likely to quarantined from division, especially for a short marriage.

Thanks again.
 
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