separated wife moved overseas leaving house on her name in Australia

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meetoo

Member
19 September 2020
1
0
1
Good day,

I have a situation which makes me quite nervous, would really appreciate some advice here .

After 20 years of marriage (which took place overseas) my wife with 7 year old son moved back overseas to her home country(European) 2 years ago. Last year I lodged a Separation with Centrelink. It is been more than 12 months since that happened. We never signed or try to reach any agreement over assets division or child support, maybe still thinking that we will be together anytime in the future and it is temporarily.

We own a house in Australia which I currently live in on a permanent basis, we bought it in 2016. House Title is in wife's name only.

Now we decided to divorce in overseas court, which have no power to divide assets in Australia. She does not agree to transfer Title of the house and wants to keep it. she also calculated backwards all unpaid child support with an amount that is out of the blue and wants monthly further payments which are higher than a minimal wage in her country and 10 times higher than Family part Benefit base rate.
She feels that because she she Owns our matrimonial house(which was bough on my money), she can demand virtualy anything from me. I offered her 40% of cash as her share, which she initially agreed, but now wants more. House does not worth much, just 180K, with 50% of renovations completed.

I feel if I go to court over property settlement, I will not get outcome that I want and legal fees will eat a big chunk of that house value. But I don't want to just give it up either and become homeless being worked all my life to buy this house, just for her to be living overseas from the rent or sale of it. I Am Australian Citizen, she is Permanent Resident.

Thank you for anyone who replied.