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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5420
Experience:  Dip Law LPAB - Sydney based lawyer
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My husband may leave me and we have just brought a littel 3

Customer Question

My husband may leave me and we have just brought a littel 3 1/2 block there is no house or anything on it in the outer city in January this year he now says he will sell it as it was only brought under his name I don't want him to sell it I can maintain the repayments myself how can j stop him I have just found out he lied telling the bank he was seperated when he allied for the loan
Submitted: 10 months ago.
Category: Australia Law
Expert:  Patrick H. replied 10 months ago.

If you contributed money to the purchase you may be able to apply for an order from the court that your interest in the property be recorded on the title, in which case if he does sell it you will be entitled to your share of the proceeds, however, if you did not contribute to the property purchase using your own money then you cannot stop him from selling just because you want him to keep it.

If you think he is going to leave you and this is the only or main asset of the marriage then you should consult with a family lawyer ASAP as you may need to take action to ensure you recover your share of the marital asset pool, as once he sells the property and receives payment the money may be difficult to recover.

Good luck and please rate my answer.


Customer: replied 10 months ago.
I paid fthe extra for a detailed answer this is not a detailed answer as as you say if main asset than consult a lawyer but don't say what any details about it
Expert:  Patrick H. replied 10 months ago.

The reason I am telling you that you will need to consult a lawyer is that to address the problem of claiming your share of the property, either because you should have been included in the title in the first place, or because you may need to make a claim for a share of the marital property if you are faced with the likelyhood that he will leave you, then you will need to bring applications either before the Supreme Court or make an application for property orders before the Family court. Either way these are not applications that can be sensibly made by unrepresented parties.

In each case your prospects of success will depend on what evidence you have as to your contributions and the extent of your contributions, but as I have no information about such matters I cannot sensibly comment on whether your case is strong or not, merely that you may succeed in such applications if you do have evidence, such as bank records, etc to show what you contributed to this specific property and, in the case of a family law claim, if you can show you have contributed more generally in a financial sense. A firm answer to this will only be possible if you fully brief a lawyer, which will require you to submit a detailed history of your relationship and you and your husband's financial circumstances and contributions throughout that relationship.

If you have a follow up question or there is some further details you want me to comment on, please ask and I will attempt to assist you further.

Otherwise please rate my answer.