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My daughter's marriage as broken down. She had tried to

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My daughter's marriage as...

My daughter's marriage as broken down. She had tried to discuss financial and property settlements in person but the other party was "to busy" to sit down and discuss this. She then sought legal advice as to her rights as the other party had left the premise on the 11th December but continued to just come and go using the property for his convenience. Please note that the other party has not been paying the mortgage for the last minimum 18 months and my daughter has been paying almost all overheads relating to the mortgage, house and contents and small loans.

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

Western Australia. We had a lawyer write up a letter of proposal for property settlement and had given him 21 days to remove his belongings as we were informed that once he had left the premise and had ended the marriage she could ask him to take his belongs. I have encountered him today to which he has informed me that according to his lawyer's advice he can come and go as pleased until such time as he signs the property over to her. This is conflicting to the information we were given. Could you please clarify if the party that has left has the right to continue to come and go at their free will until he signs the house over to my daughter until it is passed through family court.

Lawyer's Assistant: Has anything been filed or reported?

I gather her husband has instructed his lawyer to lodge his intentions to the family court. My daughter has only sent via a lawyer asking him to remove his belongings off the property within 21 days which ends next Tuesday otherwise she will fill an injunction.

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

As his car is registered in her name, although she has no intentions of reclaiming this until his 21 days are up, after which she would reclaim her vehicle from him which would greatly impact his working ability. Is this a wise move? He has also stated that he has implied that all furniture in the property is to be sold as he has a $36000 debt and she has a house with a mortgage debt of $410000 for which she has solely being paying as well as all other bills. His contribution has been approximately $400 per week for the last 18-20 months as he has a small business which is not of great profit.

Submitted: 1 month ago.Category: Australia Law
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Answered in 5 minutes by:
3/7/2018
Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,395
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 1 month ago

has formal financial separations proceedings started yet in any form of paperwork.

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Solicitor: John Melis, Lawyer replied 1 month ago

in regards ***** ***** ex, where you are fearing for your safety or you are being intimidated, you can seek a DVO Family Violence Order against that party. This will stop him from coming and access the house.

it is also recommended that you commence formal financial separation proceedings early.

Financial separation proceedings involves the following:

Where 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.

Financial separation can occurring without court proceedings, and it is best handled with the assistance of lawyers.

once financial separation proceedings has started this will protect you form any negative financial conduct your former partner does.

securing your future and protecting yourself is of the utmost importance and you have a legal right to do so.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars and thank you for using Just Answer.

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