What happens if a spouse/partner sells an asset (e.g., house) before the divorce is official?

This may occur if your spouse/partner has disposed of assets that would normally otherwise be included in the asset pool. The most common cause of this, is when a spouse has engaged in gambling.

In certain situations, where a spouse disposes of assets on illegitimate causes, the Court may agree to give you a cash adjustment for the value of the lost asset (or part of the value). The Court will only grant this if a party has recklessly or negligently disposed of an asset to reduce its overall value. If the matter is urgent, you may also apply to the Court for an injunctive order to stop the other party from disposing of any assets upon separation. You may also consider taking out a caveat on any property within your asset pool.