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I was asked to leave our matermonial home after a marriage

break down the deeds and...
i was asked to leave our matermonial home after a marriage break down the deeds and loan are in joint names and my x wife think that because she is paying the rates mortage and expences that the house is hers
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: brisbane queensland
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thanks
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Answered in 32 minutes by:
8/20/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,061
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Good Afternoon

She is wrong and unless there is a court order that you cannot live in the house you have every right to stay.

Both of you have the same right to live in the house.

If the marriage is over and you are both wanting to end and split the property the law will apply the following 4 steps.

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your Husband made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

IF these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses

You have every right to stay and if you have not moved out do not go anywhere.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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Customer reply replied 2 months ago
We have a small business I'm I have control over it because im the director she is a 50 percent owner with me but I only draw a small wage in future earnings does wot the business earn or is it wot I earn as wages

Good Afternoon

The business has to be valued, what it earns will assist in having it valued.

It will form part of the assets you both own and will be part of the split.

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Customer reply replied 2 months ago
It's a truck it earns 220.000 per year after expenses we would be left with 70.000 per year does it go on 220 or 70 my wage is 40.000

Good Afternoon

I am not a business valuer and cannot tell you what they will use.

They look at the all earnings and expenses.

From the $70K if you are paid half of it then your income will be the $35K and that is a deduction to the company.

But the business has to be properly valued to determine what it is worth if it would be sold, and that value is what is included as part of the assets.

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Customer reply replied 2 months ago
The way I read that is she is intilled to half wot the truck is worth and half the profits

AT the moment as you both have 50% shares yes.

But under family law the court will look at

contributions

current incomes of each of you

future needs based on can you both work and earn an income, health etc

the decide how to split

So to say 50/50 would not be correct.

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Customer reply replied 2 months ago
She has a job earning 45 k a yr else were

Good Evening

They will look at her earnings capacity and yours.

But I cannot tell you how the split will be.

It is impossible.

You will each need to see your own solicitor and there will have to be fill and frank disclosure.

The link below is the form that you each have to complete and then once you both disclose the solicitor you have will then give you more detailed advise on what you are each worth and try and resolve the matter without court.

http://www.familycourt.gov.au/wps/wcm/connect/52c1ecec-f8ad-47f0-97e7-467ff31371f7/FinancialStatementKit_0313_V2b_WEB.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=ROOTWORKSPACE-52c1ecec-f8ad-47f0-97e7-467ff31371f7-lvUWQKX

I am sorry I cannot give you more than this and it would be irresponsible and negligent on my part.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,061
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,061
45,061 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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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).

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