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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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Concerned as to whether my husband can evict me from the marital

Customer Question

concerned as to whether my husband can evict me from the marital home?
JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: married in may 14 in UK, then moved to oz to join hubby. we built a house from 2013 and moved in aug 15. I've been involved in all planning and design although not financially- I'm not on the deeds. we are now separated- he moved out and wants to sell house and get me out. I'm not moving at the mo and want to check my rights. I know he's seen lawyers about trying to evict me...serve me notice or take me to court but I don't think he can while I'm his wife can he??? also messy because just found out he's been cheating on me before and during our marriage with many women. I also left a good, permanent job in UK and now on a contract so in short, I want to take him to the cleaners for all the deceit and betrayal!
JA: Anything else I can tell the Lawyer before I connect you two?
Customer: no
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Australia Law
Customer: replied 6 months ago.
Customer: replied 6 months ago.
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Customer: replied 6 months ago.
Expert:  Patrick H. replied 6 months ago.
Hello and thank you for your question.Australia has a no fault divorce system so the courts will not be interested in his cheating on you or similar poor behavior when determining a property split.Under the Family Law Act, when a marriage ends the parties are each entitled to a fair share of the combined asset pool, including superannuation, based on the parties respective contributions and taking into account any special factors such as where there is a child of the relationship or where a party has health issues that will impact on their ability to support themselves.If you can show you gave up a successful job for the marriage or similar sacrifices they too can be taken into account as contributions in that the represent sacrifices on your part.As to whether he can evict you from the family home, if he is the only party on the title then legally he could order you out unless you can obtain a court order preventing such, but if there are no children of the marriage then that may be a difficult order to obtain. Nevertheless, if you do have to leave the marital home, the cost of doing so may be a factor in any eventual property settlement.Only a fully briefed lawyer familiar with your family history and current financial circumstances can give you firm advice as to your actual entitlement to a share of the combined asset pool, and given you appear to have made signficant sacrifices to enter into the marriage and contributed to the construction/design of the house you are likely entitled to a signficant share, and I would think it worthwhile engaging a lawyer to give you more comprehensive advice.I appreciate the above is not the straight forward answer you were likely hoping for but it does reflect the reality of your situation.Good luck and PLEASE RATE MY ANSWER.If you still want to chat by phone you can also response with a phone offer.Patrick

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