Jointly owned property – Property seized under Criminal Assets Confiscation Act 2005
Property purchased in the name of more than one person. If the property is purchased by more than one person then the Court can find that only part of the property that has been restrained is the proceeds of a serious offence and an interest of another person not to be the proceeds of an offence.
However, just because a property is purchased in more than one name and a person with an interest in the property is not charged with a serious offence does not necessarily mean their interest is not the proceeds of a serious offence. For example, a husband and wife purchased a home in both of their names from the proceeds of drug sales. The husband is convicted of a serious offence, but the wife was unaware of the husband’s activities.
Where a court makes an order that part of the property is the proceeds of a serious offence a person with an interest in the property can apply to purchase the interest of the person convicted at the price valued set under section 55 of the Criminal Assets Confiscation Act 2005.
If you have an interest in a property that has been seized or is subject to a restraining order and have not been charged with a serious criminal offence it is most important that you seek urgent legal advice from a lawyer who specialises in Criminal Assets Confiscation matters.
About the Author
Casey Isaacs is a specialist in Criminal Assets Confiscation matters and appears in the Magistrates and District Court in Adelaide and each of the circuit courts (Mount Gambia, Berri, Port Pirie, Whyalla, Port Augusta, and Port Lincoln) more than any other lawyer in South Australia. He is a senior criminal lawyer and a Partner at Caldicott Lawyers. He regularly teaches other lawyers about the Criminal Assets Confiscation law and many lawyers refer asset confiscation matters to him. Don’t let his youthful looks deceive you Casey has been specialising in Criminal law and Criminal Assets Confiscation matters for 17 years.
Casey can be contacted on (08) 8120 3778 or after hours on 0412 816 575 or by email at firstname.lastname@example.org.