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WA Friend's Property Settlement with Her Ex - What Can She Do?

Discussion in 'Family Law Forum' started by kelvintan, 21 October 2015.

  1. kelvintan

    kelvintan Member

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    Hi, a friend of mine went through a separation with her husband for 7 months. They married for four years. The husband cheated and kick her out of the house. She had nowhere to go and is now currently renting a room all by herself. Her weekly income from a part-time job is average 400 per week, her husband has about 1700 per week, and they have a joint name property estimated about 400k . They have the home loan with both their names, but as her salary is low and she did not contribute to the loan repayment. Now her husband has applied for a consent form to claim the 400k value away from her.

    Will she get nothing in the end? Will her husband get away with the 400k property settlement and hold no liability on my poor friend?

    In that consent form the husband states that the share of the house is 50% and they both carry a debt of 180k, but in the proposal section, the husband applied that the house will only belong to him.

    Is there anything she can do? She seems depressed about her future.

    Thanks in advance
     
  2. sammy01

    sammy01 Well-Known Member

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    Well she should not agree.... I'm assuming no kids? So with it being a relatively short marriage, the general rule is you take out what you put in... but that ain't exactly all there is to it... She wont be getting 50%, Not even close.... What I reckon she should do is communicate directly to the ex and say she'll forgo her half of the ownership of the house and any other assets if she wants a cash payment of say $30 000 and for that payment to be stipulated in the consent orders....

    $30 000 could be negotiated but it is going to cost about $15 000 to go to court with solicitors, etc. so maybe he'll accept just to get it done?
     
    kelvintan likes this.
  3. kelvintan

    kelvintan Member

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    Thanks sammy for your reply, i will tell her that.

    Cheers
     

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