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Property settlements

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Kat535 View Drop Down
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  Quote Kat535 Quote  Post ReplyReply Direct Link To This Post Topic: Property settlements
    Posted: 27/September/2017 at 01:49
Good evening! Me and my husband are separated now. During the marriage he was the main income earner, my income was very low and still is. We have purchased the apartment together, I paid 50% of the deposit but he paid most of the bills. At the moment he is trying to kick me out of my the apartment and I have nowhere to go. I earn enough to pay for myself but not enough to rent a property and pay bills. Also I can't afford to pay for the lawyer. What are my options? We have been together for 9 years, no children.

immscams View Drop Down
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  Quote immscams Quote  Post ReplyReply Direct Link To This Post Posted: 27/September/2017 at 09:18
Originally posted by Kat535

We have been together for 9 years, no children.


I want to be honest with you and so by looking at your brief description it tells me that there was no good relationship.
I don't know what the Law will say about but in my (personal) opinion I feel like you have not contributed enough to pretend anything.
You say that "We have purchased the apartment together", in order to state that you need to show your commitment with real facts and so considering that now you're separated and without kids, it tells me that your husband will fight to the end.
You may be eligible for Legal Aid depending on your finances.

DoogleMcFroogle View Drop Down
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  Quote DoogleMcFroogle Quote  Post ReplyReply Direct Link To This Post Posted: 27/September/2017 at 11:46
He cant kick you out, AND DO NOT LEAVE. You have every right to be there as he does

Whos name/s are on the mortgage? How long have you had the apartment?

Kat535 View Drop Down
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  Quote Kat535 Quote  Post ReplyReply Direct Link To This Post Posted: 27/September/2017 at 23:33
The mortgage is in his name because I wasn't a citizen back then. We had the apartment for 5 years.

Kat535 View Drop Down
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  Quote Kat535 Quote  Post ReplyReply Direct Link To This Post Posted: 27/September/2017 at 23:34
What should I do? He is using every possible way to kick me out. I am harrased daily on the subject.

immscams View Drop Down
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  Quote immscams Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 00:06
What happened after the separation? Was it a divorce?
Also your story doesn't sound clear.

Edited by immscams - 28/September/2017 at 00:08

Luisa View Drop Down
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  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 09:39
Immscams, you sound to me like you don't know Australian Family Law. The story sounds legit to me, and it is not uncommon for one party to contribute substantially to the deposit but not the ongoing repayments. Might be best if you don't comment until you learn more about Aust law.

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  Quote DoogleMcFroogle Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 10:16
He cannot kick you out.

Although he has only his name on the mortgage, YOU have a vested interest in the property as you can prove relationship, and lived there for 5 years. - Move into another bedroom or something for now.
As only his name on mortgage though, he can apply for " sole occupancy" or " rights of occupancy " and if he gets that he can then get you to leave ( however he must still make all mortage payments, rates, water etc... ).
If he is playing hardball - put a caveat on the property
You need to ask him to try and settle property matters as soon as possible, and then you can move out. He can buy you out, or sell property and split 50/50 of all assets.
If he doesnt agree - seek legal advice and start proceedings


immscams View Drop Down
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  Quote immscams Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 10:33
Originally posted by Luisa

Immscams, you sound to me like you don't know Australian Family Law.
In fact I stated it in my first post.

it is not uncommon for one party to contribute substantially to the deposit
Where did you get this data from, do you work at the ABS?

but not the ongoing repayments.
Contribuing 50/50 to the deposit means she gave approximately $10-15,000 depending on a value of the house's $500-600,000 so do you see why the legit owner is worried?

Might be best if you don't comment until you learn more about Aust law.
Yawn are you one of these bullies who voted yes and discriminated against everyone else?

Kat535 View Drop Down
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  Quote Kat535 Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 11:00
We have been separated for 3 months. Obviously not divorced yet.

Kat535 View Drop Down
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  Quote Kat535 Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 11:04
I put 40000$ (50% of initial deposit). The property price was 320000$, now it went up.
With his salary I didn't have to work but still did, just my income was very low due to troubles getting a good employment.
For an immigrant it isn't easy to gain full time employment due to accent and qualifications which are not recognized.

Kat535 View Drop Down
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  Quote Kat535 Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 11:05
Thank you for your advice. Really appreciate it.

immscams View Drop Down
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  Quote immscams Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 11:30
Originally posted by Kat535

With his salary I didn't have to work but still did

It sounds to me like at the time you found it convenient saving the money from your job.

my income was very low due to troubles getting a good employment.

That means nothing.

For an immigrant it isn't easy to gain full time employment

And you should know that it's difficult also if not impossible for a citizen.

So the only thing clear to me is that you are still married but I don't understand if you became a citizen, if so, you might be eligible for free Legal Aid (depending on your financial status) or free community legal services.
Just to let you know that what you lament about money happens everydays to everyone so I would advice you stick to the facts.
You might have right to have a pie from this cake but need legal advice and spend money!

Luisa View Drop Down
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  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 13:08
Ha ha you're funny. If you don't know, why are you presuming to give advice to someone who is here seeking help?

The ABS doesn't know that sort of thing. I know it from my experience and that of several of my friends.

She is one of the legit owners, you are displaying a bias that is concerning.

I reckon this is the OP's ex, posing as an advisor here to give her the wrong advice. Immscams has only been a member here for 24 hours.

Luisa View Drop Down
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  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 28/September/2017 at 14:06
He can not just kick you out. He may apply for an order for sole occupancy but you should have a better claim. If you are worried about that, make your application now. That will give you security of home while the property settlement is sorted out. I would guess that your % contributions will be used to sort out a suitable property division and you will each go your own way with your share. Not much chance either of you keeping the place unless 1 can buy the other out. A community legal centre will be able to give you some basic assistance.

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