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Ex spouse took all the money? What do I do? #property dispute #separation

Jiming Dong
2022-04-05
  • Family law

Background

A couple has been married for 14 years and has 2 children.

During their marriage, the husband worked as a real estate manager. He rented properties from owners and subleased them to third parties. As part of his business, he received rent from his tenants each month. The rent was transferred to the wife's bank account, which the husband also had access to. He would then arrange payment to the property owners.

At the time of their separation, the husband had leased and subleased 50 properties.

When their relationship deteriorated, the wife terminated the husband's access to her account and refused to transfer the rent to the property owners. She gave him an ultimatum: "Transfer all our joint properties to me, or I'll hold onto all the money received and ruin your business." As a result, the husband received notices from the property owners, giving him 21 days to pay all outstanding rent or face lease termination.

Dispute and Result

Timing is crucial in this case as the husband must pay the rent within 21 days.

The husband immediately commenced proceedings. Within 14 days, he successfully won the interim application, got access to the rentals and paid all his property owners. This success left the wife without any leverage going forward. Ultimately, the parties settled their dispute.

This shouldn't be applied blindly as other cases have opposite strategy. See Property Disputes after 14-year Separation: Delays can Win Cases

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