I moved with my partner and our kids overseas and while there he bought a house but I was not included in the property name as I was not fully working. After a few years he bought another property and same thing happened I was not included in the property name. He had his own business and I helped him run his business. We were married later on. Anyway we got divorce in 2013 but only one property remained as we lost one house. The house has been on rental since 2006. The house is for sale and he swear that am not entitled to any money. We divorced by continued to live as a de facto partners. Until he cheated on me and left me with 3 children with the youngest being 4 years old. My question is, am I entitled to get at least 50/50. We moved back to our original country Australia and from here I helped him paid off the mortgage and he says am not entitled. What can I do? Please help
Property Settlement
Comments
Citizens advice is a good place to start. They are usually really helpful. I will pray for you Bonita.
Usually property settlement must be done within 12 months after the divorce.
You should contact legal aid Victoria and get some advice 1300 792 387
Dang. Good luck and best wishes for you and your kids
La Isla, Bonita?
You are probably eligible for 50% of marital assets, plus ongoing child support if he doesn't share parenting responsibilities. It's common for dead-beat partners to try and cheat the other partner out of their dues…
But you need specific legal advice.
Except that having been divorced in 2013 you would expect that the property would have been taken into consideration in any settlement.
If it was not disclosed during the settlement, or they had some kind of informal agreement between or understanding with each other that included her continuing to draw income from the property or have an ownership stake I think these things are relevant.Also the time the property was owned before their relationship (if any) would also be relevant, and if she has contributed nothing since the divorce and he has to the upkeep & loan payments then this could see a decision less than 50/50.
(Not saying there is no case or chance, and if a partner had intentionally hidden assets I am sure there are cases that have addressed that to the claimants satisfaction but this looks like it has a few hurdles to climb). Of course agree formal legal advice needed. It is very relevant for the kids future as well as her own.
Pls reach out to Legal aid https://www.legalaid.vic.gov.au/ at the minimum if you cannot hire a solicitor. You should act quickly before the house is sold and proceeds are remitted overseas - will become pretty challenging thereafter.
Property is already overseas, won't need to be remitted anywhere. But the ex is in Australia - so he'd be still subject to Australian laws and orders of Australian courts.
Ok okie - my bad
The property and the man are in another country.
What are Legal Aid or CAB supposed to do?
Thanks everyone, your comments are very helpful. Greatly appreciated.
You need a lawyer because there are too many factors in your situation that complicates any potential claim, including the timeline of your relationship, the fact that you're long past the standard time limit to make a claim, the fact that the property and presumably the mortgage is in another country, and all the evidentiary difficulties all of this would pose.
Go to Legal Aid in your state, but honestly while they're good, their work load is going to mean they likely won't be able to spend as much time on your case as it's going to need.
What can I do? Please help
Pull your finger out and get a solicitor today … The time you wasted writing this post, was time you should've spent looking for a suitable solicitor. You have already wasted so many years on this I am surprised if you will receive any fair outcome. The key is to start proceedings or discussions sooner rather than later so an accurate split can be determined.
Anyway we got divorce in 2013
You have effectively wasted 5 years.
You definitely need the advice of a solicitor.