A Notice of Claim can be a crucial legal tool when it comes to protecting your interest in land that is alleged to be relationship property. In this guide, we’ll delve into what a Notice of Claim is, its purpose, and the key considerations you should be aware of when dealing with it.

Defining a Notice of Claim:

A Notice of Claim is a legal document used to formally notify third parties of an individual’s interest in specific land. This notice serves as a protective measure to safeguard one’s rights, and in some cases, it can even prevent the sale of the property without the consent of the partner or spouse who lodged the claim.

When Is a Notice of Claim Applicable?

Notices of claim often come into play when one partner holds a registered interest in a property, while the other partner does not. This situation can arise when, at the inception of their relationship, the registered owner already possessed the property, or if they inherited it during the course of the relationship.

To successfully apply for a Notice of Claim, the applicant must demonstrate their interest in the property is derived from their relationship with the owner. This requires a qualifying relationship with the owner and an entitlement to the property as part of a relationship property claim.

Timing Matters:

A Notice of Claim can be registered during the qualifying relationship, after separation, or following the owner’s death, provided the necessary requirements are met.

Importance of Recent High Court Decision:

A recent High Court case underscores the significance of understanding your right to file a Notice of Claim. In this particular case, the applicant sought to enforce a Notice of Claim on two properties in which his former partner held an interest. He contended that their de facto relationship had commenced in 2013 and ended in 2019, justifying his right to file the claim.

However, his former partner successfully established that their relationship had been of short duration, lasting less than three years. Consequently, it was ruled that the applicant was not entitled to register a Notice of Claim on the properties, even though they would have otherwise been considered relationship property.

Seek Professional Guidance:

If you have uncertainties regarding your relationship property entitlements and the applicability of a Notice of Claim, it is advisable to consult with a legal professional well-versed in this area. Seeking expert advice will help ensure you navigate these complex matters effectively.

A Notice of Claim is a legal safeguard that can be crucial in protecting your interest in alleged relationship property. It is essential to grasp the legal requirements and implications associated with Notices of Claim. Seeking guidance from experienced legal professionals is an invaluable step in understanding your rights and responsibilities in these matters. Leading law firms offer fixed-price Initial Consultations to provide tailored insights into your unique situation.