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My son has recently separated from his wife and has a

My son has recently...

My son has recently separated from his wife and has a vehicle that is registered in his name, as his wife doesn't have her licence. She is saying the police will take it back as it was paid for with money she received from her mothers inheritance. They also had a joint debt that she claims was his and he accessed their account and withdrew 20,000 to pay the debt out. He walked away with only the clothes on his back & nothing else. He is the one who runs the boys to daycare & school as she doesn't drive. She is telling him he has committed fraud and the police will arrest him. He is freaking out! They have been together 10 years, married for 6 and separated 4 months ago

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

We are in Queensland

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet as it's been amicable until this weekend

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that's all

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Answered in 21 minutes by:
9/18/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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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,

If the wife requests the vehicle back, the police will not get involved. The police will say it is a civil matter and advise her to take the matter to court.

If she chooses to go to court then it would be a property settlement and 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

if it was a joint debt then the court will acknowledge the debt being paid and it will make no difference to any property settlement.

He has nothing to worry about as the account was in joint names and he has the same right to access the money she did.

Let her advised the police as he has done nothing wrong and can provide evidence that he was an account holder and the debt he paid was a joint debt.

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: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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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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