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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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I'm approaching a property settlement with my husband in the

Customer Question

I'm approaching a property settlement with my husband in the courts and worried about mediation. We're unable to communicate re this issues. We have owned 3 properties together in California, in both our names, equally contributing to payments. We sold them, moved to Sydney and used a small amount of that income from the California home to put toward buying my husbands family home after his parents died. His siblings also each inherited 2/3 and we bought them out w/a small amount of funds and inheritance from other assests his parents had. The home has appreciated from 1.2 million to about 2.7. He believe I'm not entitled to any of this matrimonial home as an asset to be divided. I ended up being a stay at home mom with our 3 children for about 10 years so completely depended on him as the financial supportor therefore I didn't work. When we moved he also didn't consider me to have any assets. He never put name on any of our property or assets after moving here. Lastly, He's dragging my father, who's 94 and in Calfornia, now into the picture. He has requested a copy of my father's will, and 3 years of his fnancial statements to make an assumed inheritance part of the assets/negotiations. Sorry, very complicated...
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: nsw
JA: Have you talked to a lawyer yet?
Customer: we're both Australian citizens.
JA: Anything else you think the lawyer should know?
Customer: yes
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: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Good Morning.

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.

Do you have a solicitor helping you?

This looks like it becoming messy.

Hope long have you been together and when did he received his inheritance?

Is your father ill or in good health?

Customer: replied 3 months ago.
I do but I'm still worried and yes, its messy, and my husband is acting like he's sure he's correct.
We've been together 28 years and he received inheritance 10 years ago
My father is 94 but in good health, he does have private care to help with personal care as he's wheelchair bound but he's mentally healthy, a little short term memory loss, and no chronic illness. he's siblings are all alive and healthy as well aged 93 - 96.
Expert:  Leon replied 3 months ago.

Good Afternoon,

Your father does not have to do anything.

Also the inheritance was received 10 years ago and therefore forms part of the assets. If he wants to quarantine it then he has to show why.

It is seen a s a contribution to the assets and will be credited to him but it is a long marriage.

He is trying to show you are to receive an inheritance soon and this should be taken into consideration. If your father is in good health you dont know how long you have to wait.

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