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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5361
Experience:  Dip Law LPAB - Sydney based lawyer
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My husband and I have been separated for six months after he

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My husband and I have been separated for six months after he demanded I leave the house-that he no longer loved me and saw infidelity as his only option to get me out.
I am living in a flat with a friend. I was the major wage earner in the relationship.
I spent much of my money renovating the house he jointly owns with his two brothers.
I also assisted him to pay debt off in the early part of our marriage of five years.
am I entitled to this money back? I left the marriage on 28th January with about $3000.00 to my name.
Hello and thank you for your question.

Based on what you have said you should be entitled to substantially more than what you have received.

Under the Family Law Act, when a marriage breaks up each party is entitled to a fair share of the combined asset pool taking into account what each party has contributed both financially and non financially throughout the relationship.

So if there are no other special considerations, such as children or one of you having serious health issues you should be entitled to a share of the asset pool representing your contributions.

Because your actual entitlement will depend on a detailed assessment of both your family history and financial situation only a fully briefed lawyer can give you firm advice s to your actual entitlement but I expect it will be much more than what you have at present and so it would be worth your while engaging a lawyer to pursue such a claim.

I trust the above assists.

Please rate my answer so I can be paid for my time and effort.

Thanks,

Patrick
Patrick H. and other Australia Law Specialists are ready to help you
Customer: replied 3 years ago.

Dear XXXXX,


i am concerned that the fees to pay a lawyer to do the work for me will be too high and i will end up in debt.


 


I just wanted to know what my legal rights are.


 


If he has "kicked me out" so to speak do I have a right to ask for money to re-establish myself given that he remains in our home.


 


I have a car, my clothing and a bed.


 


can you advise?

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