by MsSassy  18/10/2020  0 Page Views
1 Comments  Family & de facto law, financial agreements, consent orders

My ex and I have been seperated for 5 years now, but we are not divorced. When we seperated we had no assets outside of our cars and furniture. We seperated the bank account 50/50 which had $2000 in it and agreed on what furniture we would each take. We had no contact with each other for 4 years, until last year when my oldest son passed away. 

Fast forward, my current partner and I have been together for 4 years and we are about to build a home for our family. The house is 100% in my partners name as I dont have a good credit history after a debt accummulated with my ex-husband, who didn't pay his share and therefore it went into default. I have continued to pay this debt of though over the last four years. 

Can my ex make a claim towards the property my current partner and I plan to build, even without it being in my name??

Part of me thinks I need to start divorce proceedings with my ex, but I'm also scared that this will trigger my ex to start a property settlement towards myself.