Property Dispute During Separation
The client is currently experiencing a separation and facing a property dispute. They co-own a property under a joint mortgage, but their partner is refusing to sell the property. The client is a student who is financially dependent and has lost financial support from their partner. The case involves complexities related to family law, particularly concerning financial obligations and property ownership.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to ensure I receive fair financial support during our separation, especially since I am a student?
To ensure fair financial support during your separation, you may apply for spousal maintenance through the Family Court. This can provide you with financial assistance while you are a student and not in full-time employment. Additionally, consider applying for interim financial orders to address urgent financial needs during the separation process. Legal aid may be available if you qualify financially; gathering documentation of your financial situation can strengthen your case. Consulting a family law solicitor can provide guidance specific to your circumstances.
How can I proceed with selling the property if my partner is refusing to cooperate?
If your partner is uncooperative regarding the sale of the jointly owned property, you may consider applying for an Order for Sale under the relevant act regarding trusts and property. Seeking mediation first might help reach an amicable solution, as this can be less costly and time-consuming than court proceedings. If negotiations fail, consulting a solicitor for guidance on a court application may be beneficial.
What rights do I have concerning the investments made during our relationship?
The investments made during your relationship could be seen as matrimonial assets, particularly if acquired with joint resources. You may have a claim to a share of these assets as part of the financial settlement process. It is advisable to consult a family law solicitor to explore your options further.
Is it possible to obtain a court order to force the sale of the jointly owned property?
Yes, you can apply for a court order to force the sale of a jointly owned property. The court will consider factors such as the intentions of the parties at the time of purchase and the overall fairness of the situation. If selling the property is necessary for a fair distribution of assets, the court may grant the order.
How will our financial situation be assessed in the event of a divorce settlement?
In a divorce settlement, all matrimonial property, including shared investments, will be evaluated for equitable distribution. The court takes into account the financial contributions and needs of both parties. As a student, your financial dependency and future needs will also be considered. The court aims for a fair distribution, prioritizing the needs of any dependent parties.
We are not married but have owned property together for several years. What are my rights?
Even in non-marital relationships, individuals may have similar legal rights concerning property ownership and financial disputes. Since there has been a joint contribution to the property, a financial settlement should be sought. If mediation fails, you might need to apply to the court for an order to resolve the ownership and sale of the property.
The investment was made several years ago during our long-term relationship. What should I consider?
In a non-marital partnership, financial claims are complex, but you may have claims on assets acquired during the relationship. The investment may be subject to division based on your contributions during the partnership. Consulting a solicitor who specializes in financial disputes can offer targeted advice.
