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What can I do if my husband is a chronic alcoholic and is on

 
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  • Answered by:Daniel
  • Solicitor
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Customer Question

What can I do if my husband is a chronic alcoholic and is on the disability pension still drinks and has been told to stop drinKing or he will die. I have had enough we only refinanced last year and we have a credit card and personal loan to pay for. We have had our house payments reduced till the end of the month but I'm scared if we sell he will get half and if that happens he will piss it up. At the moment he doesn't have any access to our money coming in as my counsellor told me I can take charge of the money as he is not in a responsible state of mind. Please can you give me some advice. Thanks Kerry

 

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State/Territory: Victoria

Already Tried:
Not a lot as I 'm not sure what I can do

Submitted: 348 days and 17 hours ago.
Category: Australia Law
Value: AU$93
Status: CLOSED

Accepted Answer

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Expert:  Daniel replied348 days and 15 hours ago.

Hello

I would suggest that you sign a power of attorney to administer his finances.

You clearly need to take control of the finances.

Formally, you can also make an application to the guardianship list at VCAT: http://www.vcat.vic.gov.au/disputes/guardians-administrators

They will be able to look at the matter and make a judgement for you to control his affairs.

The tribunal is far less formal that a court. You should have no issue.
Please accept.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 89.4 %
Accepts: 2311
Answered: 7/5/2012

Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

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Customer replied348 days and 15 hours ago.

What does that mean? As I'm looking to sell and gomy own way I don't know if I can handle this situation please help me

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Expert:  Daniel replied348 days and 14 hours ago.

hello

Sorry, at no time did you say that you wanted to go your own way. Your question looked to me like you wanted to take care of his finances.

If you want to separate, i suggest you seek assistance ASAP from a solicitor.

In regard to what you are entitled to, you are entitled to percentage of the assets that reflect what contributions you have made to the marriage. If it is 50 / 50 say, then he may frankly 'piss up' the money. You have no ability to stop this.

You should seek a lawyer and propose this to the husband or face court action in the family court.


Please accept.

Customer replied348 days and 14 hours ago.

I was thinking of it I just need to find everything out legally know where I stand it is just so hard to be in this situation at least you have let me know a few things on what I can do I appreciate that thanks kerry

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Expert:  Daniel replied348 days and 14 hours ago.

Please accept.

All the best.

 
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