VIC Property settlement

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BBBBB

Well-Known Member
6 February 2022
20
0
126
married 30 years, separated under one roof , family home in joint names, all other assets in his name 3 x boats, Tattoo business, jestski, Motor bikes, holiday dwelling, he's hiding and selling assets.
I have been trying to fairly negotiate for last 12mths, he has stone walled me as he controls all assets.
Although he is still paying the mortgage, while I pay all household, utilities and 100% care for our daughter whom he has completely disconnected from financially and parentally for last 8mths, I work part time as a cleaner, its hard to make ends meet.
I'm 54 , daughter 16. I have a temp FVO in place as he is verbally abusive, nothing major, just the odd pushing, shoving.
Also damaging our property,
He is in a new relationship, but is still blocking me at any attempt to move on, I really need to get my daughter out of this toxic environment.
as a last resort ive had to seek legal help.
Is this man going to take me down completely ???
 

tigerman2705

Well-Known Member
22 April 2021
49
10
154
Pushing, shoving and damaging property don’t sound like nothing major re FVIO. You know you can have full conditions on that which would get him out of the house?

And he can’t take you down completely. If you’ve been in a relationship that long you’re entitled to a fair share of the asset pool.

You need to seek legal advice to put your mind at ease.
 

BBBBB

Well-Known Member
6 February 2022
20
0
126
Thank you, I am speaking with a solicitor now, but I am dealing with a very real narcissist. I've sought legal advice as a last resort, so it's only within my tiny to nearly no budget, will that make a difference to end result
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
I am speaking with a solicitor now, but I am dealing with a very real narcissist. I've sought legal advice as a last resort, so it's only within my tiny to nearly no budget, will that make a difference to end result

If you have genuinely tried to negotiate but are dealing with someone unreasonable & unrealistic in terms of your just entitlements then taking it to court is probably the quickest & perhaps least expensive option in the long run

Your 'possible' options then would be to (you need to discuss your circumstance with the solicitor to see what actual options may be available to you)

Seek interlocutory orders to ..

1) get a sole occupancy order allowing you & daughter to remain in the house pending a property settlement outcome, which includes adding a further condition on your husbands current FVIO to leave the house.
2) An order that your husband continue to pay the mortgage pending a settlement outcome.
3) A spousal maintenance order for either periodical payments pending a settlement outcome, or a lump sum.
5) A freeze on his ability to deal with assets & bank accounts, accept as what is allowed or ordered.

Solicitor fees can be settled from your share when settlement is finalised, IF the solicitor agrees.