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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
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Living have been living in my home for 37 years just over

Customer Question

living have been living in my home for 37 years just over two years my husband was putting his medication in my food and and i had reported him to the police, my husband was charged but then admitted himself into mental health later to be put into a retiring home as he wasnt to live with me and not to be on his home, he now wont's a divorce and to sell our home he gave up work 21 years ago and i was his carer and i also worked and still do. my question is where do i stand i don't wont to sell the our home i am 64 years and he is 71. thank you your answer will be greatful . Dot
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Sorry NSW
JA: Has anything been filed or reported?
Customer: No but talking to someone this week
JA: Anything else you want the lawyer to know before I connect you?
Customer: is he or i entitle to legal aid as we do have a home and super
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

Good Morning.

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 I am very limited on what I can tell you and that you may have to get more detailed advice.

Does he suffer from dementia?

He cannot get a divorce unless you are separated for 12 months

Customer: replied 9 months ago.
Hi we have been separated over two years as he is in a retirement home and no he don't have dementia
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 months ago.
if I can talk to you it would be better but must be around 4pm please Dot
Expert:  Leon replied 9 months ago.

You cannot stop him applying for the divorce. But if he wants a property settlement then you will have to get a solicitor to assist you because you have greater need than he does as he is in a nursing hime.

You should get more than 50% share of all the assets.

you can elect to have a call when you are ready and I can call you.

Customer: replied 9 months ago.
Thank you as I am at work and wont be home till 3:30 I would very much appreciated a call from you
Expert:  Leon replied 9 months ago.

Talk later

Customer: replied 9 months ago.
Thank you heaps
Expert:  Leon replied 9 months ago.

You are welcome

Customer: replied 9 months ago.
Hi sorry but just wondering if you are calling me today
Expert:  Leon replied 9 months ago.

You have to elect a call

I believe it is an extra fee and them I an asked to call you through the system

Customer: replied 9 months ago.
I was charged $50 may I ask what thatt was for
Expert:  Leon replied 9 months ago.

I am not sure I do not deal with that part. I only answer the questions.

I will pass you onto the administrators

Customer: replied 9 months ago.
Thanks

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