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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5771
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My husband and I are separated but not yet had a property

Customer Question

Hi, My husband and I are separated but not yet had a property settlement.He has a business (in which I worked for ten years also ).My husband was married before and him and his wife started the business.When they separated he paid her out all but $30,000.His intention now we have separated was to sell his business and our home and return to live in the USA were he is from.My husband is the director and his ex wife held the only one share of the company until she was paid back the $30,000.Now she has done something I am not sure what or how and what I should done . She has gone to bank and done something to take $65,000 from the business account making it minus so now the shop is insolvent.She can not sign on any of the accounts so how would she be able to do that and send it in the red?
JA: Were any marital funds used to pay the mortgage? Did you both contribute money or time to improve the property?
Customer: Our home yes
JA: Family law varies by state. What state are you in?
Customer: NSW
JA: Anything else you want the lawyer to know before I connect you?
Customer: how can I do a property settlement with all this .Oh and my husband is an alchohlic so he is just on a bender now and I have to try to sought something out but I am not sure what do do
Submitted: 2 months ago.
Category: Australia Law
Expert:  Daniel replied 2 months ago.

Hello
Ok, so the amount needs to be added back into the pool of assets.
And by meaning that, if he cannot come up with the $65,000.00, it will be taken from his share of the proceeds of sale.

I am not sure how she obtained access to the account. I presume he gave her authority, but of course I cannot be sure of that.

It appears that if he has been wasteful, spending money on alcohol and the like, it appears his percentage in the property settlement will be less also as a result.

I wish to help you in this situation.

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Expert:  Daniel replied 2 months ago.

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Expert:  Daniel replied 2 months ago.

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I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

I have not received a response?
I wish to help you in this situation.