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My husband and I married in 1999. He had a property on which…

My husband and I...

My husband and I married in 1999. He had a property on which he owed $100k. I lived with him from october 1996 and contributed all my earnings to his bank account. I worked full time afternoon shift and also had a mowing business I worked during the day time till 2004. then I worked as a sales rep in realestate for commission till 2014. I then worked permanent part time for Qld Ed as a cleaner. we sold the original house in 2007 and bought another an it went into his name ( no mortgage). bought investment house together in 2009 and have had to sell that with a shortfall amount of approx 42k being secured on the principle place of residence(bought in 2007). we took on the kinship care of 2 of his eldest daughters children in 2014. I moved out of the family home in Dec 2017 to babysit our investment home during the period of finding a sale for it. And I was informed by my husband that in january he was granted the higher rate of single aged pension as I had left him! life had not been great for me as i was juggling the girls, and split shifts at work as well as all the household chores and gardening etc as he sat on the couch! fired the real estate agent in early feb and proceeded to market the investment house myself and have succeeded in selling it goes unconditional on 13 march and should settle 29 march.The shortfall loan against the principle place of residence is going to be in both names for tax purposes as we are eligible to claim the interest payments against our tax.

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

Qld. What should I be doing now? I cannot find a flat to move into and have no friends to stay with because all of them are his.

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

Do you mean a separation agreement? What specifically?

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

Im not sure?

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Answered in 1 minute by:
3/9/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,708
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning

Have you discussed a Settlement?

Are you asking about moving back to the main house?

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Customer reply replied 4 months ago
No we haven't as he has always said the principle house is in his name and belongs to him! After 18.5 years of slaving my guts out and contributing every last cent to the joint account! Well thats what I thought would happen after the sale of the invest property. but considering he has told the pension people he is now separated, I can hardly do that and sleep at night! we havent slept in the same bed for a couple of years as he is a non sleeper and a snorer and i had to have my sleep as I get up at 3.45 every morning to go to work split shifts as well!
Customer reply replied 4 months ago
I don't have many dollars and am Still paying the bills as the last thing I need is a bad credit rating!

Good Morning

Do not listen to anyone that says it is his because it is in his name.

It is a long marriage and you have rights to a share of everything unless you have entered into a Binding Financial Agreement (pre-nup)

You should see a solicitor urgently and have things started to get your correct share.

The law applies 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

You are entitled to a share of everything and the money from the sale should not be split until you reach an agreement.

You can make the application at any time from the date of separation.

Contact the law society of QLD and and get a referral to a family law accredited specialist.

Their website is as follows

https://www.qls.com.au/Home

Also if you are only on the pension and he is on better money you can seek an order for maintenance as well.

The law is on your side it is just not going to be simple if he does not want to be decent and gree to a fair split.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
There are no proceeds from the sale of the investment house. There will be a shortfall of 42,000. The loan is 472,000 and sale price is $430,000 - no increase in prices here over the last 7 years! The bank will do a partial payout of the loan and it will still be in both our names. There are 2 of his daughters children that we kinship care for on a permanent basis as well. They are the main cause of the problems arising in our marriage.
Customer reply replied 4 months ago
He recieves a higher rate single aged pension $894.00 the Kinship care payment $1089.00 and Child endowment of $483.00 per fortnight. I earn approx $1030.00 per fortnight after tax.
He has no super as he claimed any he had back years ago for operations! I have circa $80,000 in super.

Good Morning

You are entitled to a share of the main house that is in his name.

The property split will be of everything.

If he has superannuation that also is included.

If you cannot afford a solicitor you should make an appointment with Legal aid or your nearest Community legal centre and provide them will details of all assets and liabilities for both of you. Everything owned in joint names and in your individual names and they will give you information on what you would be entitled ti receive.

You can find a cents at the following link

http://communitylegalqld.org.au/find-legal-help/find-centre

Legal aid you can contact at the next link

http://www.legalaid.qld.gov.au/About-us/Contact-us

He cannot keep what is in his name you are entitled to a share and being 18 years together the share would be about 50% as a starting point.

I hope this is clearer.

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Customer reply replied 4 months ago
Leon has been very concise and helpful in this very stressful time .Im glad I got on to the computer this morning.Thanks ever so much!

Good Morning

You are very welcome

Please do not forget to rate my work 5 stars so I can be paid.

Also please contact the centre and get more details advise because you are entitled.

All the best and good luck

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,708
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
sorry ***** 5 stars
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