I am writing to get an answer for a friend.She left the family home under duress, suffering from depression, 2 years ago. Since then, the family home has been kept in a filthy state by her ex-husband, who delayed its sale in a declining property market. It was professionally valued at $620K in early 2011 and sold recently for $475,000 due to its poor state and the market. As mentioned, it was in no condition to sell last year and, besides, he delayed putting it on the market.She has emplyed a lawyer at $350 per hour, who appears to be simply trying to get 50% of the house and property value - even though my friend has lost significant money because of the delay. Her legal bill is now more than $7000 and the lawyer appears to have done no more than she could have done in negotion with her ex husband.The ex husband has now put a proposal forward, in which he suggests all the assets and liabilities be discharged - which means his debts since the break-up including business debts will be paid off.My questoin/s is: what is her positoon re the devaluation of the family home and should the well-paid lawyer be acting more proactively to get his client a better outcome? Does the ex husband have the right to ask that all liabilities be paid out, rather than each party simply get their money and sort out their own finances?
HelloIf there is clear evidence that he de valued the home then the loss of the money from the sale should be taken from his percentage of the property settlement. Further, all liabilities are usually paid out at settlement, however business debts or any real 'wastage' again should be paid out of the percentage of the person who racked up that debt, ie the husband.$350 per hour is the usual going rate, but for that money, frankly something needs to be done. I would suggest that she demand a better outcome as above rather than accept 50/50Please accept.
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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