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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43704
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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The scenario is I am the ex husband and father paying the

Customer Question

The scenario is I am the ex husband and father paying the mortgage repayments but am no longer living in the house. She lives there with my three children of which I still see and often look after and pay towards all bills including house and private school fees, clothes etc. She is an unfit alcoholic. How can I get her to sell the house so we can both financially move ahead and I have custody of kids. She is unwilling to negotiate is abusive and unreasonable. She has ripped up other documents drawn up by a solicitor so I feel I am just at a loss. Paying out money for nothing. It has been over 2 years and we are no closer to resolving this situation. I need to know that I can get some support and be guaranteed that we can somehow make her sell and move ahead.
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 4 months ago.

Good Evening.

You need to file an application with the court for a property settlement.

You should also stop the payments for the mortgage.

The law will apply the following 4 steps.

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your Husband made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

IF these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses

In relation to the children you will have to go to mediation first and then court if you cannot reach an agreement.

You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is

http://www.familyrelationships.gov.au

You can find your closest one on there.

The web-site also have alot of useful information and links to assist you.

Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.

If you need to go to court then you will need to file an application in the Family Court or the Federal Circuit Court

http://www.familycourt.gov.au and http://www.federalcircuitcourt.gov.au

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 4 months ago.
Thank you Leon I have sent through to my boyfriend whose situation it is. Will be in touch for further information if needed. I do not wish to subscribe at this stage so do not want my account deducted in future. We are in Melbourne so will look into everything you have suggested here.
Kind regards
Melanie
Expert:  Leon replied 4 months ago.

Good Afternoon

All the best and good like

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon