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My ex husband and I have separated. He has said I can have…

My ex husband and...

My ex husband and I have separated . He has said I can have the house along with the whole mortgage attached . If I was to do this and consider it , how do I take his name of the title ?? thsnk you

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Wa

Lawyer's Assistant: What steps have you taken so far?

Non this is the first step . He had been paying the house but yesterday was the first day he had child support taken which was lodged on the 1st of dec 2017 and he has cracked it

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

Not at this stage as I have no idea where to start and my ex husband just wants me to handle all the debt and he walk away free

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Answered in 5 minutes by:
3/15/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,311
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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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the best way to protect yourself is to commence formal financial separation proceedings

have you considered this step yet ?

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Customer reply replied 4 months ago
No not yet

ok

financial separation involves the following on both an amicable basis and through the courts.

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.

does this answer your question today ?

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Customer reply replied 4 months ago
thank you

you are most welcome

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

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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Customer reply replied 4 months ago
Thank you

you are welcome

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,311
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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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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