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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 4844
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My wife and i have agreed we cant carry on our marriage,we

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My wife and i have agreed we cant carry on our marriage,we need to split,neither of us wants to move out as this would be financialy dificult for either of us to run two homes,so it comes down to a court decision i suppose who has to move out,we keep our troubles away from our teenage kids as much as possible so the home is reasonably stable and as it was pre affair,but we have this sticking point


You should try and seek financial advice and see what the mortgage pay out figure is.

Usually courts will figure that out, if parties cannot afford to live there, it will be sold and both parties must find somewhere else to live.


Affairs have no real bearing on family law proceedings, there is no fault divorce now in Australian law, well, since 1975 anyway.


My advice would be have the property sold, and perhaps she may even wake up to herself and reconcile, but in the mechanics of it, if parties cannot afford to live there alone, the home needs to be sold and the assets split.


Please accept.


Customer: replied 3 years ago.

thats fair enough but if we can just about scrape to live in the family home seperately who would the judge lean towards more the wife or the father,probably the father i presume.

Customer: replied 3 years ago.
Relist: Incomplete answer.
The court will look toward whichever party is able to afford to reside there.

Please accept
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