Resolving a Property Title Dispute Post-Separation Despite an Uncontactable
Ex-PartnerBackground
At Adams United Lawyers, we understand that separation often brings complex legal challenges, particularly when it comes to the division of assets. Recently, we successfully handled a case involving a woman, Tiffany, who sought our assistance in changing the title of her home following a separation from her ex-partner. Tiffany had been the primary resident and caretaker of the family home, but her ex-partner had abruptly moved overseas without disclosing his whereabouts, cutting off all communication. Despite numerous attempts, Tiffany was unable to contact him to discuss the property division and title change.
Challenges
1. Uncontactable Ex-Partner: Tiffany’s ex-partner had moved to South America without providing any forwarding address or contact information. His refusal to engage in any form of negotiation made it impossible for Tiffany to obtain his consent to transfer the property title.
2. Legal Ownership Issues: Both Tiffany and her ex-partner were listed as co-owners of the property, making it necessary to obtain a formal legal resolution to sever the joint ownership and transfer full title to Tiffany.
3. Time-Sensitive Financial Disputes: Tiffany had ongoing financial commitments related to the property, and the inability to secure full ownership was impacting her ability to refinance her mortgage and move on financially from the separation.
Approach
Our team at Adams United Lawyers implemented a strategic and efficient approach to resolve the matter swiftly, ensuring Tiffany’s financial and emotional well-being during this difficult time. The key elements of our approach were:
1. Legal Investigation and Notices: We conducted a thorough investigation to establish that Tiffany’s ex-partner had made himself unavailable and had no known location. We then followed the legal procedure for serving notice through alternative means, such as publishing notices in the appropriate forums to demonstrate that reasonable efforts were made to contact him.
2. Court Application for Sole Ownership: Our legal team filed an application to the Family Court, requesting an order for Tiffany to be granted sole ownership of the property. We argued that the ex-partner’s refusal to participate in negotiations, combined with his abandonment of the property and relationship, made it necessary and fair for Tiffany to receive full ownership.
3. Section 79 Application: Using Section 79 of the Family Law Act 1975, which allows the court to make orders regarding the distribution of property following a marriage or de acto relationship breakdown, we successfully demonstrated that Tiffany had been the sole contributor to the home’s mortgage and upkeep after the separation. The court acknowledged that continuing the co-ownership was no longer tenable and that transferring the title to Tiffany was in the interest of fairness.
4. Financial Resolution and Title Change: Once the court issued the order in Tiffany’s favour, we facilitated the legal process to transfer full ownership of the property to her name. This allowed her to refinance the mortgage and settle her financial affairs without the continued burden of joint ownership.
Outcome
Through our professionalism and persistence, Adams United Lawyers achieved a positive outcome for Tiffany. The court granted her sole ownership of the property, and we successfully transferred the title into her name. Tiffany was able to refinance her mortgage, securing her financial independence and peace of mind. Despite the challenges of an uncontactable ex-partner, we demonstrated our expertise in navigating complex legal and financial disputes in separation cases.
Client Feedback
Tiffany expressed her gratitude for the swift resolution and the way our team managed her case with professionalism and empathy. She commented, “I was feeling lost and overwhelmed with the situation, but Adams United Lawyers took control and resolved it efficiently. I now have full ownership of my home and can move on with my life.”
Conclusion
At Adams United Lawyers, we pride ourselves on our ability to resolve even the most complex separation and financial disputes. Whether a partner is uncooperative or missing, our experienced team is equipped to navigate the legal challenges and achieve positive outcomes for our clients. Our expertise in Family Law ensures that our clients receive the support they need during one of the most difficult times in their lives.