2 Comments Family & de facto law, financial agreements, consent orders
This can be a complex situation depending on the full circumstances. Your parents may have legal or equitable rights to part of the value of your house or in the alternative, their contribution towards the house on your behalf can be considered in any property settlement. In family law property settlement there are many factors that are considered to determine the division of property. Amongst the factors are: 1. Financial contributions made directly or indirectly (e.g. by your parents) to the acquisition, conservation or improvement of any property. 2. Non-financial contributions made directly or indirectly to acquisition, conservation or improvement of any property. 3. Contributions to the welfare of the family, including home-maker contributions. 4. The future needs of each of the parties. There are various other factors which need to be considered as well. At a basic level, if one party's contributions have been greater these will be considered and an adjustment could be made in that party's favour. If one party's future needs are greater, the future needs will be considered and an adjustment could be made in that party's favour. The circumstance of each party and person will be looked at and considered. You have children to take care of which is an important factor. Your husband is homeless and has gambling issues which will also be considered. Gambling money during the relationship can be considered, however, it depends on the circumstances as to whether and how it will affect the property settlement. Ultimately, to get your husband's name of the title of your real property, your husband will either need to agree or you will need to negotiate a property settlement which is the usual course. Undoubtedly these circumstances are stressful, however, you both have rights which depend on all of the circumstances during your marriage and after separation. This information does not constitute legal advice, you will need to speak to a family lawyer like us to obtain specific advice.
I'm not that aware of the law, but if you have a prenup agreement t can help. Or you should consult a divorce lawyer about this issue, and about the abuse you are receiving, save it as proof. You may try to contact Times Lawyers, they can help you based on my experience. Hopefully, everything goes fine.