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VIC Property Rights - Made to Leave House Before Divorce?

Discussion in 'Family Law Forum' started by Patricia Jackson, 9 June 2015.

  1. Patricia Jackson

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    My husband has left me, and I'm still in our house. Can he make me move out before we divorce? What are my Property Rights? We have been married 30 years and have 4 grown children. I'm unable to work at present due to an operation that went wrong.
     
  2. AllForHer

    AllForHer Well-Known Member

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    No, he can't make you move out of the house. If both parties own it, then you both have equal share in its management.

    You can do a property settlement at any time following separation, you don't have to be divorced, but you will only have 12 months once the divorce is finalised to file for a property settlement with the court.
     
  3. Patricia Jackson

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    Thank you, makes me have some peace of mind. does my husband still have to support me in some way due to my medical situation
     
  4. AllForHer

    AllForHer Well-Known Member

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    Spousal maintenance is not an automatic entitlement during a property settlement. It can only be awarded by order of the court, if the party applies for it and can prove they will be in a situation of financial hardship as a result of the marriage. The court will look at the respective situations, the earning capacity of each, the future needs, etc, to decide if spousal maintenance is necessary. Ordinarily, spousal maintenance will also have a time limit, such as being paid until the property settlement is made.

    As always, it's impossible to predict which way the court would rule, and this is especially true of spousal maintenance in your circumstances. For example, the court may want want to know if you received compensation for the botched operation and whether you're receiving any other support. I would advise getting legal advice so they can look over your situation and give guidance on the likelihood of spousal maintenance being ordered in your circumstances. Legal Aid offer free consultations, so it might be worthwhile organising an appointment with them.
     
  5. Patricia Jackson

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    Thank you I will do that.
     

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