How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
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
Type Your Australia Law Question Here...
Deborah Awyzio is online now
A new question is answered every 9 seconds

My daughter is in a situation where the husband left home

Customer Question

Hi, my daughter is in a situation where the husband left home and decided to end the marriage, they have 2 children 8 & 5 living at home with their mother.
Now after approx. 3 months he decides that he wants to come home to live as he cannot afford the single life.
What are my daughters rights in regard to preventing him from coming home.
Some items that are pertinent..
The home is in both names.
My daughter has sought legal advice through Legal aid in respect to the split of assets etc, she cannot meet with legals until approx. 10th August.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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.

Does your daughter feel that the marriage is over and does not want to reconcile?

Do they own the house together or do they rent and if so are they both on the lease?

Customer: replied 1 year ago.
Hi Leon,
My daughter does not want to reconcile
They are co owners subject to mortgage
Customer: replied 1 year ago.
Any news?
Expert:  Leon replied 1 year ago.

Good Afternoon

Does she fear for her safety?

She can change the locks and advise him that she is not letting him back in. She has possession and control.

If she fears for her safety then she can seek a protection order for him to stay away

They will have to have a settlement of the property and they house may have to be sold if she cannot buy him out./

Expert:  Leon replied 1 year ago.

Good Evening.

I am just following up my last post. Do you still need assistance?