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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 need Help!!! I do not have a single asset in my name. The

Customer Question

I need Help!!!
I do not have a single asset in my name.
The bank accounts I "share" translation am authorised to use are ALL in his name.
The House we live in was put in his parents name but we pay the mortgage.
I have recently discovered that he opened up a separate bank account again only in his name but with a different branch and has linked it to the business. (I Have NO access to this/ am not aloud to know what goes in/ see the bankcard or even speak of it... ITS HIS!
He was a 19 year old uni student when we met but since has build 2 very successful companies
- The first named under himself and his father
- The second he built from the ground then without my knowledge bought out the other parties and placed the business under his family trust (family= parents, himself & 2 younger brothers)
- The most recent is the largest of the three and does not involve his father but 2 new partners.
I searched and found the contract he said was not drawn up and he in fact is the CEO of this new venture receiving 80% shares. When all three parties documented and signed where/who the shares were to be sent, one had a family trust the other himself and parter but my husband wrote "All my shares are solely mine and to be in my name ..............
I have begged to re-open bank accounts in both our names, he says yes but never has time.
He won't involve me in any of the businesses - won't let me file notes FOR FREE because we can't afford a new person.
He has since march employed full time, his brother, his cousin and his mother - giving her the admin role I asked for but was denied "theres no admin to do"
* I also recently found out his company has been paying me a wage for years, not sure where that is.
I've repeatedly demanded a family trust be open at least for the sake of our children but again he denies saying theres no point and they cost too much money.
In regards ***** ***** new business he claims once it makes a lot of money he will open a trust, in the meantime I'm only to research things at home for him.
Our relationship is at an all time low! So low I don't know where to turn
This brings me to my one and only concern... Our two children! Clearly there is no intention of divorce or separation so I'm running sleepless with what else I can do as far as custody if something should happen? Are there things I should be collecting now?
I've had a diary since we met 2005 documenting everything both his and my mistakes.
I've been seeing a psychiatrist for depression brought on by pregnancy, neglect and a list of things I will explain if need be
My depression is used against me and in fights I'm told I'm mentally ill and I've only recently realised he manipulates me with emotional abuse.
He speaks speaks terribly things and calls me horrible names to the children when he is angry.
I also discovered a inappropriate friendship he has been having with a woman since 2013
In your legal opinion is he not wanting a family trust because he doesn't want me to "own" or have rights to anything?
How much is the rough cost to set up a trust?
He used to be an amazing father... I admired him but now he's never around and when he is he's not listening. Taking the children out is his idea of being a dad but he knows nothing about them.
Is there anything I can set up so they are safe should something happen to me? He is too blinded by work-gym and his companies.
His mother does not and has NEVER wanted to look after them, excuse being she's only 50 she should enjoy life not get stuck with kids.
This is always said to their faces.... one is 8 and one is 6.
I am constantly falling ill with severe stomach ulcers or terrible kidney infections... My immune system is so bad that my weight plummets sometimes down to 42kg my height is 152cm
These illnesses are not only something he uses to get out of work for the day (even when I'm not sick) he loves to always bring it up claiming I don't care about anything enough "you're always sick" "you're never fit and active, I'm like your carer" He blames me for our disintegrating marriage. He in some ways could be right because this past year it's become almost normal for me to be really ill. My daughter is no longer phased when I'm going into a surgery. It's the worst feeling and I'm scared.
I'm told its the stress of our marriage that triggers them because there are so unexplained and random bad enough to hospitalise me for weeks at a time.
I'm worried. I just tried to jam my whole story in this one little box because I don't know what to do. This new business is fast moving and it is going to cause a real strain on us.
Can you help me?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Afternoon,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.How long have you been together?