Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

My husband may leave me and we have just brought a littel 3

Customer Question
1/2 block there is no...
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: 1 year ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 6 hours by:
9/10/2016
Solicitor: Patrick H., Lawyer replied 1 year ago
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
Verified

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.

Patrick

Ask Your Own Australia Law Question
Customer reply replied 1 year 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
Solicitor: Patrick H., Lawyer replied 1 year 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.

Patrick

Ask Your Own Australia Law Question
Ask Patrick H. Your Own Question
Patrick H.
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
5,422 Satisfied Customers
Experience: Dip Law LPAB - Sydney based lawyer

Patrick H. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
We have had a car stored in our shed for 13-14yrs the owner
We have had a car stored in our shed for 13-14yrs the owner never came to pick it up she would ring about once a year promise to pick up in a few weeks but didn't we had no contact number or a full na… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
As a Sole Trader, if a Customer is refusing to pay for Parts
As a Sole Trader, if a Customer is refusing to pay for Parts installed into a Pump on their property (I have the Proof of Purchase for the parts installed), I have 7 months of left messages, actual co… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
My sister in law has purchased a unit in Bicton she was
Hi my sister in law has purchased a unit in Bicton she was informed by agent thst strata fees were $450 per quarter she budgeted for this and cannot afford any more as she is on a pension when she miv… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
My son lives in qld and is in debt up to his eyebrows .I am
Hi my son lives in qld and is in debt up to his eyebrows .I am 81 and cannot help can you tell me if he can cet his bank to freeze his house mortgage for a period to help … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I just don't know how to ask this question in realation to a
Hello I just don't know how to ask this question in realation to a retail employee that's going into the 7 year on casual rates … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
My husband and I have recently separeted, living still on
My husband and I have recently separeted, living still on the same property, I have invested all my life savings of $130'000 from overseas (Switzerland) into the property and relationship. Unfortunate… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I have an enquiry in regards to a towing dispute. I am
Good afternoon, I have an enquiry in regards ***** ***** towing dispute. … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
My ex husband and I just passed away. We were in touch and
My ex husband and I just passed away. We were in touch and he wanted to come and restart our relationship. I went to his funeral yesterday. In Fremantle. We were together from 1980 until 1996. We were… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I have been separated from my husband for 2 months now, so
I have been separated from my husband for 2 months now, so far things have been amicable, just want some advice on what to do in regards ***** ***** and children, I have verbally agreed to a 50-50 spl… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
Is it illegal to put spy wear on a partners mobile which
Is it illegal to put spy wear on a partners mobile which allows to monitor all calls and text messages and photos he also illegal got the thumb print and got onto the mobile and downloaded all message… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
We are in a housing co op belonging to C.E.H.L. we have a
we are in a housing co op belonging to C.E.H.L. we have a tenant who said she was vacating on the 17th jan then she said she wasnt...a neighbour saw the removilist van on the 17th and she was gone tak… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I had an avo taken out on my behave by a police officer
I had an avo taken out on my behave by a police officer after a domestic call out.No violence happened and I want to revoke the avo due to some change in some things.It hasn't been to court yet.What a… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I am wanting to know how I can change my daughters name. I
Hi my name is ***** ***** I am wanting to know how I can change my daughters name. I have a beautiful daughter Kinley who is just over 3 1/2. I am getting married this December to a wonderful man who … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I spent 4 months 7 days most weeks building a tray for a tow
I spent 4 months 7 days most weeks building a tray for a tow truck for a friend on the understanding that when the new truck was registered I would revive the old truck as payment … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
Learners log book the assessor changed the hours in book
Learners log book the assessor changed the hours in book says he has to do another 55 hours he is a learner Couier driver … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I need to talk to a investigator ******. This is my num.
I need to talk to a investigator my name is Nick ******. … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I have got a matter with emirates airlines could u please
hi i have got a matter with emirates airlines could u please help me with that … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I am going to retire in less than 2 weeks. My employer is
I am going to retire in less than 2 weeks. My employer is unable to pay out my annual leave and long service entitlements. What are my options? … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x