Case Study: De facto jailed husband in property sale win

Jailed de facto husband
A man found himself in jail & his de facto wife tried to freeze him out of their property matters. Ryan & Seton Lawyers helped provide him a voice on the matter.

Client Story

Family Law Matter. Our client was a de facto husband who had been in a very short relationship. Because he was in prison, this made it more difficult to liaise with our client with respect to the proceedings. As a result, his de facto wife commenced proceedings seeking alteration of property interests.


There was an agreement reached between the parties to sell the former matrimonial home. A dispute arose about the amount that each party should receive from the sale proceeds. Each party made respective assertions about the contribution they had each made to the acquisition, maintenance and improvement of that property and the various initial contributions made.
The other party was seeking that she be appointed trustee to sell his house whilst he was in prison and exclude him from having any input in the sale process.

What We Did

We represented our client at a conciliation conference in an attempt to resolve the matter. He appeared by audio link on the day.
We used our knowledge and experience in these types of matters to appropriately negotiate an outcome that was in the client’s best interests.

The Outcome

Firstly, we successfully defeated the other party’s application for her to have control of the sale process. This ensured our client had an input in that process and allowed him to have funds to re-establish himself when he was released from prison in the near future.

We were able to successfully negotiate an outcome where our client received 67% of the net property pool that was available for distribution and the de facto wife received the balance. This was a good outcome on our client’s behalf without the need to incur further legal fees to continue to litigate the matter.



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