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I have just seperated from my husband --we dont own a house…

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I have just seperated...

I have just seperated from my husband --we dont own a house and each have a car which are both in his name --l have no idea what he has in bank as we dont have joint account--he has about 150,000 super-- l dont have a job atm so will have to front centrelink monday and borrow money from my dad to find a house to rent--he has told me he wont sign a car over where do l stand please!!!

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

Shepparton victoria

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

No l havnt all l want is yhe car and a second washing mavhine and my furniture

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

Not thatl can think of lm not sure what to do first

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/9/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,299
Experience: Principal Lawyer at Legal AU Pty Ltd
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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

in relation to your important matter, you do have a right to claim emergency maintenance orders from your husband where he is holding all the funds and you have no access to monies to support yourself.

In relation to separation as to where you stand the court makes alteration of property interests under section 79 of the Family Law Act 1975, the court will usually take into account four facts. [1] The court will assess the extent of the property of the parties and determine its value. [2] The court will consider what contributions have been made by the parties, including direct and indirect contributions of a financial character and non-financial character, and contributions to the welfare of the family, including contributions as homemaker and parent. [3] The court will consider the circumstances which relate to the present and future needs of the parties and to their means, resources and earning capacity, actual and potential. [4] The court will consider the effects of points 1 to 3 and resolve what order is just and equitable in all the circumstances of the particular case. Alteration of property interests between separating couples is an emotional and stressful process and seeking help early is important.

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