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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My husband and I have been married years and together years

Customer Question

My husband and I have been married for 26 years and together for 28 years Last July he received a TPD payout and has $1260000 in a few accounts in his own name We have a 14 year old son and apart from paying for his school fees he is refusing to pay off our family mortgage and help me with my business He moved to Hervey Bay beginning of May 2016 to our house and only pays the interest only mortgage He has taken all our furniture and has taken over the house. My son and I moved in to care for my mother 18/12/2015 Currently she is in hospital and we have been told that she will need a palliative nurse and she has 6-12 months before her organs completely fail I have had to reduce my hours in my business in order to provide the care she needs Unfortunately I am now facing financial hardship My husband refuses to help my son and I I applied to Centrelink for carers payment but it was declined on the basis that the $1260000 was part of my assets and I am over the threshold even though I have absolutely no financial power Today I decided enough was enough and have told Centrelink I am officially separated He is threatening me that I will receive absolutely nothing from his money as he is disabled and that I am robbing from a disabled person He is only partially disabled as he is independent ie he washes his laundry cleans the house has bought himself a nice car and drives to Cafes for dinner and shops for his own groceries Meanwhile my son and I are scrounging for pennies My question is how much of the money would my son and I be entitled to ? The TPD monthly life insurance was paid for from our joint account A normal spouse would ensure the family home was paid out, their child's education taken care of and would help their family out financially with basic needs eg groceries I'm unsure what he is going to do with the money but I have been advised to seek legal advice ASAP as there is obviously something definitely not right
JA: Issues like this can be complex. Fortunately, the attorneys we work with have a lot of experience in education law and it would be my pleasure to match you with the one who's the best fit.
Customer: How much would this cost?
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: Thank you I am seeing a lawyer next week
JA: Have you talked to a lawyer yet?
Customer: No but I have a scheduled appointment next week
JA: Anything else you think the lawyer should know?
Customer: No I don't think so Thank you for your time
JA: OK. Got it. 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 then connect you two.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

Good evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Are you asking about a property split in a marriage break up?