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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14344
Experience:  I did my law degree at the University of Queensland
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I wanna divorce my wife and sell the house which is on both

Resolved Question:

I wanna divorce my wife and sell the house which is on both of our name.We dont have children but she wants 50% of the house and also doesnt wanna divorce me.I been supporting her for years and i am the one who pays all the bills.
Whats should i do?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 1 year ago.
I wanna divorce my wife and sell the house which is on both of our name.

In that case you need to fill out an Initiating Application and file it with the Court. Once that is done you must give your wife a copy. She will then be required to fill out a Response, which is a document where she gets to ask the Court what property splitting orders she would like.

After that a trial date can be set, and at the end of the trial, the judge will make orders.

http://www.familylawcourts.gov.au/wps/wcm/resources/file/eb7d934c3b99b23/InitAppKit_070612_V1.pdf

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.


I like to know in this situacion how much she can take of the house and do i have to give her anything.Im happy to give her 10 or 20% but she wants more.Our marrige wasnt happened in Australia.We went to Las Vegas 6 years ago and as its a coomon thing people get quickly married there we did it to.So in a state of Nevada our marrige is registered but untill now i didnt even know its real marrige in here to,only find out recently.


So please answer me how many chances she is got to take half of the house once i sell it and just cos i put her name on the house when bought it still i can prove it i was the person who pays the morgage and still paying it of.


She doesnt wanna fill out application and doesnt wanna divorce me untill the house get sold also she doesnt wanna move out from the house and still living there with her 2 kids which r from an other man before i met her

Expert:  Brisbane-Lawyer replied 1 year ago.
I like to know in this situation how much she can take of the house and do i have to give her anything.I'm happy to give her 10 or 20% but she wants more.

The Courts apply a four step process to determine what percentage split will apply to the assets built up over the course of the marriage.

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Your house and superannuation entitlements are also included.

Step 2: Determine what contributions you and your wife made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparative income earning capacity as well as other factors.

If these things don't balance equally for each of you, then the Court would make an adjustment in percentages.

Step 4: Make an order that is just and equitable between both spouses

The Court would look at how to divide the assets to achieve the percentage division arrived at after the first three steps. Such as whether the house should be sold or retained by one spouse who pays the other out, does there need to be a superannuation splitting order, etc.

It is not possible to provide you with a percentage range of expected property settlement without a proper consideration of all the factors in each of the four steps set out.

As such, if things don't work out, I recommend that you make an appointment with a family law solicitor for a one to two hour consultation as they will then be able to provide you with a precise estimate of the percentage split you can expect.

But unless the marriage was less than three years, it is not likely that she would receive less than 30%.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.


Is that means anything and can work on my side that the marrige was made in Las Vegas and we didnt register our marrige in Australia...


No family or wedding ring was include it we just did it for fun and cos she wanted to change her name as she has bad history and wanted a fresh start.


I was only 21 years old and she was 37.We got a certificate in Las Vegas but no documents or registration in Australia...


Is the court look at this marrige in a same way as if i got married here or cos its a different country its different laws to????


Also if she doesnt put any money into the house and i was the one was supporting her and her kids am i in every right to decide what will i give her or if she can make it difficult for me?


She was the one was organising my paper works and bills but the money was coming out from my bank account which for a certain time was a joint account(not anymore).She had no income or sometime here or there a part time job either her kids.I am the one was working hard and had/have good income to support all of us and pay all the bills

Expert:  Brisbane-Lawyer replied 1 year ago.
Is the court look at this marriage in a same way as if i got married here or cos its a different country its different laws to????

The Court will look at it the same as if you had married in Australia.

And if you are the one supporting her and her kids, that would favour you in the four step process. But she would still be looking at a minimum of 30% if this goes to trial.

Please don't forget to leave positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.

Her kids r 18 and 21 years old and they dont work at all she has a part time job now.I did right by supported all of them for years but its came to the point when i couldnt take it and be used anymore.I dont feel fair to give her 30% cos she put nothing in the house either they kids so why should i give more when i gave enough.??


Im still beeing nice to themby letting them stay in my house its time for them to do something for themself and stop living of me.


Can u please tell me what i can do about they still living there and dont even wanna move?I mean im still beeing good to them to sort they life but end of the they i deserve what i worked for so i can start a new life.


If i moved out already but my letters r still on that address from when is the 12 month start or how can i make it happen to do it faster cos in my opinion we separated already


 

Expert:  Brisbane-Lawyer replied 1 year ago.
Can u please tell me what i can do about they still living there and dont even wanna move?

If the house is in your name alone, then you can tell them to leave. If they refuse, you can call the police to have them removed from the property.

Please don't forget to leave positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.

The house is in both of us name....

Expert:  Brisbane-Lawyer replied 1 year ago.
In that case she can let them stay as guests and there is nothing you can do about it apart from seeking an order that the property be sold. You also can invite guests over though, even if she doesn't like who it is.

Please don't forget to leave positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.

What can i do about it if she hide or throw out all my clothes my watches and every time i go to the house she make sore its nothing of my staff there...and also her kids rang a police on me cos i went in to my own house.


Its getting a very bad situation and nasty she still try to control my life so was thinking to change my address so my letters wont go there but just wanna make sure if i do am i still in every right to go in&out and do anything in my own house even if i dont live there and letters wont go there but the house is onmy name to....

Expert:  Brisbane-Lawyer replied 1 year ago.
What can i do about it if she hide or throw out all my clothes my watches and every time i go to the house

I would recommend that you take out a protection order against her. To do this you will need to go down to your local police station or Magistrates Court and fill out some forms.

The police will then get the order signed off by a Magistrate and will personally deliver the order to her. Once that happens, she will not be allowed to stay at the house or she can be charged by the police and arrested.

Please don't forget to leave positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.


Thank u Alex u been very helpful.


What about if i cange my address will it affect me at all?

Expert:  Brisbane-Lawyer replied 1 year ago.
I am glad I have been able to help.

Changing your address wouldn't affect anything. So you can do that if you want to without hurting your case.

Please don't forget to leave positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.


So r u saying if i fill out the form and the police r deliver to her is she&her kids has to move out straight away or what happens?


 

Expert:  Brisbane-Lawyer replied 1 year ago.
Yes. But before you can fill it out, she has to be harassing you or abusing you somehow.

Please don't forget to leave positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.


I had heaps of messages from her she is abusing me and talking me down call me a dog and using ugly swearing words plus wish me to die in a car accident but i just deleted them an other day cos couldnt read them anymore.R u reckon i can get it back to prove it im on the plan with vodafone..

Expert:  Brisbane-Lawyer replied 1 year ago.
Maybe. You need to contact Vodaphone to find out.

Can you please leave positive feedback for me now?
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14344
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you

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