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WA Separation - Husband Wants More than is Fair - What to Do?

Discussion in 'Family Law Forum' started by Nicole979, 30 December 2014.

  1. Nicole979

    Nicole979 Member

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    My husband and I have separated ( separation) and he wants a lot more than I think is fair for property settlement. He came into this relationship with 2 fish tanks and 2 hall tables. He didn't even have a car. Plus had about a $2000 debt on a tv and stereo he had been paying of for years. He moved into a house I had purchased myself about 2 years earlier. I lent him money for a car and set him a budget to pay back the debt he had.

    We are been married 8 years and now have a 2 and 3 year old. I worked all my life I til 2 weeks before my eldest child was born and even so sometimes I would be able to make a few $ here and there.

    Our assets consist of

    $400,000 house with only $4000 owing
    $70,000 excess cash in the house
    $15,000 car
    $15,000 boat
    Nothing else really of value

    We have an investment property we only pay interest on which probably hasn't gone up much in price I'm guessing worth as much as the mortgage which is $360,000 the rent covers that so we are only out of pocket repairs and rates. This will be going on the market soon and I expect we will loose approximate 10,000 on this.

    The house we live in Is in my name only the Investments in both names.

    I paid $24,000 cash when I brought this house by myself and also was awarded a compensation payout and paid $23,000 for the boat out of that money.

    When we got together I wanted an official document drawn up to say that he won't touch this house if we ever separated. He said he would respect my parents decision on what they thought was fair.
    He now says he wants $120,000

    He's on a very low wage and I doubt I will see any child support. He has moved in with his sister to live at the moment. He has in total made in average in the past 4 months 500 a week as he is having so many sick days as he is mentally unwell.

    Please help me I'm a mess with all of this up in the air it doesn't seem fair to me. I have offered him 40,000 sbd the boat but be days it's not enough.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Nicole,

    At the end of the day, if your ex is not satisfied with the settlement that you are proposing to him and you cannot agree on your own affairs, you will need to seek legal advice to assist you in your negotiations or you will have to seek the court's assistance to divide your assets based on what it deems is fair. Usually there is some compulsory pre-court mediation that you are required to go through as well prior to making an application for property settlement.

    Check out these other LawAnswers Family Law Forum posts for more info:
     

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