Is Living Under One Roof Still Considered as Separation?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Joybelle48

Well-Known Member
19 November 2015
18
0
71
The wife is the carer for her elderly mother. The husband and the wife are living in the house owned by the mother with the mother. This came about two years ago after the wife left the family home, which was a rental to care for her mum.

After awhile, the husband moved to the mother's house also. The wife was reluctant for this to happen because she wasn't happy in the marriage but agreed because it was the right thing to do. They have been living as husband and wife. He is secretive regarding his finance and tells her it has nothing to do with her and gives her a minimal amount from each week's pay. He tells her he has friends, and he doesnt want her to know about it. She doesn't want to be married to him anymore. He is verbally abusive at times.

She has asked him to leave and he says in his time. The mother has dementia and doesn't understand how he treats her daughter. The eife is going to move to another bedroom, not cook for him or do his washing. Would they be considered separated?

There is also a concern that if the wife receives a substantial inheritance in the future he could claim half and would waste it gambling.

Please help. What would be best for the wife to do she wants to end the maŕriage and go through a separation?

Thank you
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
The easiest option would be for the wife to have her husband leave to help clearly establish 12 months separation for divorce. That said the family court will accept "separated but living under the same roof".

To establish this, they will generally need an affidavit to confirm a change in sleeping arrangement, separation of finances, reduced social interaction and reduce shared household duties. The affidavit should also detail why you are still living together and list any government departments that have been informed of the separation (Centrelink).

So it would be a lot easier and it sounds like it would be a far more pleasant arrangement if the wife had the husband leave.
 
  • Like
Reactions: Joybelle48

Joybelle48

Well-Known Member
19 November 2015
18
0
71
The easiest option would be for the wife to have him her husband leave to help clearly establish 12 months separation for divorce. That said the family court will accept "separated but living under the same roof". To establish this they will generally need an affidavit to confirm a change in sleeping arrangement, separation of finances, reduced social interaction and reduce shared household duties. The affidavit should also detail why you are still living together and list any government departments that have been informed of the separation (Centrelink). So it would be a lot easier and it sounds like it would be a far more pleasant arrangement if the wife had the husband leave.
Thank you so much for taking the time to reply. She will be following up with Centrelink. She will avoid him as much as possible and hope he moves out.

Appreciate your help ☺
 

Joybelle48

Well-Known Member
19 November 2015
18
0
71
Another question...if you're separated but not divorced and a property is left to one spouse, can the other claim half and force a sale of property if the beneficiary doesn't have the money to pay them out?

Thank you
 
S

Sophea

Guest
There is no automatic right of a spouse to a person's inheritance. You would need to either negotiate your property settlement between you or apply to hte court for orders regarding a division of your assets.