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VIC Family Law - Separation with Husband - What are My Rights?

Discussion in 'Family Law Forum' started by Tanya1971, 16 November 2015.

  1. Tanya1971

    Tanya1971 Member

    16 November 2015
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    I have been with my husband for 4 years, married for 2 of them. I moved into his house which he's owned for 20 years, and my name is not on the house title. I have requested this, but he wouldn't agree to it. He has now said he doesn't want to be with me anymore. We have no children together. What legal rights do I have under Family Law?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    The Family Law Act 1975 assumes that parties who marry intend to do so for life, so both parties are then considered to have a joint interest in all possessions owned by the other and that possession thus forms part of the shared asset pool.

    Parties must attempt to negotiate their own property settlement before applying to the court to make a decision on their behalf, so realistically, a property settlement can be whatever you want it to be, however knowing the court's process might aid you when deciding a settlement for yourselves.

    The court follows a four-step process for property settlements:
    1. What's the value of the joint asset pool?
    2. What are the financial and non-financial contributions of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?'

    I would argue the husband would be unlikely to settle on 50/50 due to his long-term ownership of the property and the comparatively short length of the marriage, so be open to negotiating around that, or alternatively, potentially having to seek a settlement through the court. However, you certainly do have a joint interest in the property, so it will form a part of the joint asset pool.

    Hope this helps.
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