Hello, my name is Jasdeep and I’m one of the lawyers at Invicta Law. Today, I’d like to address the question of whether you can claim one-half interest in property that was sold or gifted to a third party without your consent during the relationship? The answer would depend on when this transaction took place. If the transaction took place years prior to separation, the answer is no.
However, you may be eligible for a compensation order. If the sale transaction was closer to separation (that is, the other party was aware of the separation, or they were aware of your intention to separate in such a case), you may argue that the other party dissipated property in an attempt to deprive you of your reasonable expectation that all of the family assets and all of the family property will be available and equally divided upon separation.
This same rule applies to property that is disposed of after separation before there is any court order with respect to property division.
So when you know that separation is likely, you should take account of all assets and liabilities and reach out for legal advice.
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