ServicesProperty Settlements - VIC Family Lawyers

Family Lawyers, Divorce Lawyers, Child Support Lawyers, Separation Lawyers

ARE YOU THINKING ABOUT Property Settlements?

Property Litigation is a branch of law that deals with disputes relating to a property of all kinds. Property litigation typically involves settling disputes between property owners and their tenants but may also include a wide range of other issues relating to the ownership of residential, commercial, industrial, and agricultural property. In other cases, real estate investors and owners can hire the services of a lawyer when they need legal advice; for example, for the drafting of contracts, or simply to obtain advice to prevent conflicts or problems in the future.

Property rights encompass practises relating to the purchase, sale, lease, and ownership of property. Within this category, there is a very wide range of issues that belong to the owners and tenants, as well as the owners of goods of all kinds. Property rights cover issues as diverse as owner-tenant relationships; certain transactions between home buyers and financial institutions; environmental issues; planning and development issues; as well as the purchase, sale, and leasehold properties. The terms “litigation” and “dispute resolution” are sometimes used interchangeably but refer to different processes within the practice of law. Litigation refers specifically to issues to be resolved within the judicial system, while dispute settlement refers to alternative methods that do not involve courts.

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DOCUMENTATION NEEDED FOR A FIRST CONSULTATION ON PROPERTY SETTLEMENTS

This list of documents while are not a requirement for your first appointment with one of our lawyers, they can help your lawyer have a much clearer overview of the case and give you an idea on what direction will the case head towards in the future. Remember that if you are not able to find one of these documents, it is not a reason to postpone your appointment with your lawyer:

Market appraisals and valuations of your real properties.
A detailed list of all assets, properties and liabilities owned by you and your spouse.
Tax returns and Financial Statements of you and your spouse as well of any companies, businesses or organisations owned by you and your spouse.
Any Financial Agreement or Court Order done in the past.

You may take any other financial information you find important for an evaluation of the entire financial status of your marriage and how it will affect your property settlement. In property settlements both parties have a legal obligation to provide full, financial disclosure so your lawyer may be contacting your spouse to request certain documents if you do not have them. Here at VIC Family Lawyers we will discuss the most suitable strategy to solve your legal issue.

FREQUENTLY ASKED QUESTIONS REGARDING PROPERTY SETTLEMENTS

How do property settlements affect my inheritance?

The Court usually treats inheritances as an extra contribution from the person who receives it, so, whether the other person or you will be sharing the inheritance will depend on several factors that include, for example, how much money was received, what other assets are included in the inheritance and what type of future needs will you or the other person have.
What is spousal maintenance?

Spousal maintenance is a periodic payment from one spouse made to the other one for living expenses. It is also called ‘alimony’ in other countries and it has nothing to do with children support or the sum children must receive from their parents. This is totally different to child support and there is no automatic entitlement to spousal maintenance. In most successful spousal maintenance case it is due to current income and income earning capacity not being able to meet their reasonable living expenses and they need financial support.
Do I need to be divorced before I have a property settlement?

The answer is no, you can finalise your property settlement any time after separation, there is no need to be divorced. In some cases, property settlements are not finalised by the time of the divorce and it is important to keep in mind that 12 months are needed to start Court proceedings after you are divorced.

HOW CAN FAMILY LAWYERS HELP YOU?

For someone who has a property or claims dispute, lawyers and litigants can provide help in several diverse ways, including litigation, as well as alternative resolution methods. Property lawyers can also provide help for individuals and businesses that do not have disputes but need advice regarding a property issue. For example, the owner of a residential rental property might consult a property lawyer about the legal steps involved in evicting a tenant, or the owner of a commercial property may need advice in structuring a tenancy agreement. leasing.

Property lawyers can also offer services to people with transfer needs. Conveyancing is the process in which the legal property of the seller is transferred to the buyer. This process includes several steps, with controls and records that guarantee the property is legally owned by the seller, and that the property is not involved in prior disputes or claims that may affect the buyer’s legal right. You need to remember your family is first and make sure they can all recover from the previous conflict in a way that ensures they will be able to sustain.

Here at VIC Family Lawyers we will work towards protecting your rights and helping you achieve the outcome you expect.

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