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I am 52 years old and have been married for 29 years, my…

Customer Question
Hi I am 52...

Hi I am 52 years old and have been married for 29 years, my marriage has been a very dysfunctional one with verbal abuse and most recently physical abuse. We are paying off a mortgage with both of our names on the title. My husband refuses to sell I have, found a rental property which I can afford, however, my husband is making it very difficult for me to leave. What are my rights if I leave with regards ***** ***** mortgage payments.

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

Victoria

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

No

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

We share debts with regards ***** ***** due to my husband losing his business of 18 years. My husband suffers from mental health issues and is working full time but very abusive.

Submitted: 7 months ago.Category: Australia Law
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Answered in 2 minutes by:
11/23/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,306
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

The next step is to commence financial separation proceedings.

This will allow you to move on in your life independently on a financial basis.

Have you commenced any form of financial separation ?

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Customer reply replied 7 months ago
how do I commence financial separation?
Solicitor: John Melis, Lawyer replied 7 months ago

you need to find out all the asset details of the relationship, bank accounts, property, super and then take this to a lawyer and they will then commence the legal process.

There are several steps involved, but the most important is finding out what assets there that form the total asset pool.

Have you made a list yet ?

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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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