My X Spouse abandons the house. and now she is claiming the sale of the house. assets

[Eduardogp]

What is my legal right? I am a 70-year-old retired male; I've spent all my superannuation funds to buy a property in Spain so I could retire in Spain.

However, my younger spouse, 42 years old, abandoned her daughter and me and left debts in Australia. She moved into a house in Spain without any responsibility for paying her debt in Australia. Over the last 16 months, I've lent her over $30,000 to help her obtain her visa in Spain so she could move on with her life. She was working illegally in Spain, and now she won't pay the money she owes me, and now she is asking for half of the house in Spain and all the items I have to sell in Australia to survive. We both have our superannuation in Australia; she is more than me as I invested all my superannuation in the property I purchased in Spain.

In Spain, the distribution of marital assets in a divorce will depend on the circumstances. Legal action will likely be necessary if the couple cannot agree on who receives the property. An inventory containing all assets will be produced, including the joint assets and the pending debts of the property. The marital home is a 'special' asset that will be dealt with separately. If the property is jointly owned, the property is typically sold and the proceeds shared, or one spouse pays the other to take the entire property.

I have to seek advice from a Spanish Family Lawyer to deal with the property in Spain; however, what are my rights in Australia for the debts and assets abandoned by my X?

 

[Rod]

Unfortunately you will need to see a lawyer for advice tailored to your situation.

The lawyer will need to know what kind of assets, when acquired, value, who acquired the asset. Same for debts.

Not straightforward.

 

[Chris W]

What is my legal right? I am a 70-year-old retired male; I've spent all my superannuation funds to buy a property in Spain so I could retire in Spain.

However, my younger spouse, 42 years old, abandoned her daughter and me and left debts in Australia. She moved into a house in Spain without any responsibility for paying her debt in Australia. Over the last 16 months, I've lent her over $30,000 to help her obtain her visa in Spain so she could move on with her life. She was working illegally in Spain, and now she won't pay the money she owes me, and now she is asking for half of the house in Spain and all the items I have to sell in Australia to survive. We both have our superannuation in Australia; she is more than me as I invested all my superannuation in the property I purchased in Spain.

In Spain, the distribution of marital assets in a divorce will depend on the circumstances. Legal action will likely be necessary if the couple cannot agree on who receives the property. An inventory containing all assets will be produced, including the joint assets and the pending debts of the property. The marital home is a 'special' asset that will be dealt with separately. If the property is jointly owned, the property is typically sold and the proceeds shared, or one spouse pays the other to take the entire property.

I have to seek advice from a Spanish Family Lawyer to deal with the property in Spain; however, what are my rights in Australia for the debts and assets abandoned by my X?

You have a link to both Australia and to Spain. The Australian Courts jurisdiction can be brought to life if you apply for a divorce in Australia and probably without doing so. Your relationship with Australia is strong enough to have legal standing here for a number of reasons (assets, superannuation, relationship, possibly citizenship). However that does not stop a Spanish Court doing what they are allowed to do. The Australian assets can be made safe by an Australian court. an Australian court could theoretically give you more of the Australian assets to adjust for what will happen in Spain. That includes her Aussie superannuation. In divorce property settlements there is a lot of discretion and power available to the court to attempt to get what an Australian Court deems just and equitable.