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I'm in a relationship that is ending .I'm wanting to get…

Customer Question
I'm in a relationship...

I'm in a relationship that is ending .I'm wanting to get out.have 2 children13 and 16.we a house that is paid off.the house is in her name.what am I entitled to

Lawyer's Assistant: Family law varies by state. What state are you in?

Nsw

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

A couple of years ago

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

Do I have to leave home

Submitted: 10 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/22/2017
Solicitor: Leon, Solicitor replied 10 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,901
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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Solicitor: Leon, Solicitor replied 10 months ago

Good Morning

It is not a simple one to answer as there is no strict formula.

The law will apply the following 4 steps and because the children are still under 18 if they live with her then she will get more than 50%

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

It does not matter is the house is in her name it will be split with everything else

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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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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