NSW Debt - Can Husband Claim 50% of My Net Asset?

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Ms Unlucky

Member
14 May 2017
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1
Hi,

I have just discovered my husband has gambled our savings and all his Superannuation savings and has been living a double life, obtaining multiple credit cards and creating debt beyond repayment. We are now selling our family home and ex husband is requesting he gets 50% of the profit and 50% of my net worth assets.

I have seen a solicitor and I am starting to realise that any profit proceeds that I get from the sale will be paid to the solicitor to get myself out of this mess which I never created or knew about. My kids and I will be renting and I will be left with little funds to raise the children.

Can my ex claim 50% of my net asset worth as property settlement when he owns nothing as he has spent all his earnings and savings on gambling and has had a negative contribution?

How can I eliminate myself from any of his bad debts?
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Hi,

Has your solicitor said anything about having specific debt assigned to your ex. If you were unaware of the additional credit cards and the gambling it might be worth investigating if this debt can be assigned to him so that a more fair division of assets can occur. I know that a marriage is a partnership but seriously there doesn't sound like there was much partnering going on.
 

Ms Unlucky

Member
14 May 2017
2
0
1
The credit cards that he obtained to support his gambling, I was not aware of them and he made all arrangements on his own without my consent. Does his recklessness and liabilities become part of my liabilities as well?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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958
2,894
Not necessarily. Give the information to your lawyer and let them handle it.
 
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