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splitting assets/seperated

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mumof2girls View Drop Down
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Joined: 24/November/2017
Location: Australia
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  Quote mumof2girls Quote  Post ReplyReply Direct Link To This Post Topic: splitting assets/seperated
    Posted: 18/December/2017 at 14:18
Just hoping for some info for my SIL who split with his wife in aug 17 after 14 years marriage. He moved out of their house with their daughter they have 70/30 split in his favor as he was injured and no longer able to work (for 3 years now). When they split she cut him off from all accounts so he had no access to any money, he now relies on centrelink and child support. About 18 months ago he got a payout of approx $90000 which he paid off her new car and she lent a lot of money to her family he only spent around $7500 of that payout, all that money is gone now.
She now wants him t take his name off the house and she said that if he does that she will take over his share of the debt they have as well as the morg, his share of debt is around $12000 (not including morg), he said no that he wanted half of what house is worth and out of that money he would pay his half of that debt from date of settlement (she wants him to pay from when he moved out). So she said she would sell the house and pay off debt and then nothing would be left. She also wants him to pay half the CC but I told him no as it is soley in her name and he has no access to it.
They also have a redraw facility on their morg account but he has no access to this account in any sense so has no idea what is happening with it. I have told hi to go to the bank and get online access to it since the morg is in both names legally he has a right to that account.
Also he found out she is making over $85000 a year and has for awhile even when they were together but that amount of money never showed up in their account so we think she has another account elsewhere so how do we find out where this money is going to?
Any info is appreciated as he can't afford any legal help and she knows it...

Master Dong View Drop Down
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Joined: 18/August/2017
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 21/January/2018 at 10:42
70/30 split, and hes still not happy.
helps you understand why they are divorsed.
Some people are never happy and always want more.

mumof2girls View Drop Down
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Joined: 24/November/2017
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Posts: 8
  Quote mumof2girls Quote  Post ReplyReply Direct Link To This Post Posted: 21/January/2018 at 11:58
they have 70/30 split of their daughter only...because of her work commitments and she doesn't have her when she can only when she wants to..sometimes 2-4 days a month...she basically kicked them out onto the street with very little and no money...now she is trying to get him to take his name off the house so she can take it over...he is not a greedy person at all but thinks after 15 years of supporting her and her kids that he should get something especially for his daughter

emca01 View Drop Down
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Joined: 20/July/2012
Location: Australia
Posts: 2166
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 21/January/2018 at 13:20
ok so he has limited options. Best bet is a letter from a solicitor... He should expect something like a 70/30 split of assets too... He ought to make legal aid his first port of call.

Master Dong View Drop Down
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Joined: 18/August/2017
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 21/January/2018 at 13:41
When she realises what the asset split will be with him being the primary carer and 70/30 care, she will want the kid more than 30%, cause this guy will clean up if the 70/30 continues.

mumof2girls View Drop Down
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Joined: 24/November/2017
Location: Australia
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  Quote mumof2girls Quote  Post ReplyReply Direct Link To This Post Posted: 21/January/2018 at 15:44
He called legal aid last week and got some paperwork but he needs to do some ore research as the 70/30 is a verbal agreement only and he wants it in writing....but he is doing paperwork thankyou

mumof2girls View Drop Down
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Joined: 24/November/2017
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  Quote mumof2girls Quote  Post ReplyReply Direct Link To This Post Posted: 21/January/2018 at 15:47
No I don't think she will...she can't look after her daughter with her work schedule and she won't pay someone to look after her and her family is to sick or old to do it...so if it goes to court I think it will stay the way it is....he is very accommodating when it comes to her work schedule and she can see her daughter when she wants on her days off or for dinner is she has an early shift...he hardly says no to her when she wants to see their daughter...he s trying to do the right thing

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