VIC Splitting inheritance - Sell both properties?

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Rccbf

Active Member
10 April 2022
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0
31
ok. She owns the house. You are married. You also own the house. Do you have superanuation? if you do then that will be part of the equation. Sure it is YOUR super, but she will get some of it. So everything, cars, furniture, jewelry all gets put into the asset pie based on an agreed value. And then the pie gets cut up. NOT IN HALF. The coplexities of how the pie will get cut up is beyond my typing skills. I will try.

Earning capacity will see her get more pie. You have a higher earning capacity.
Inheritance - Will see her get more pie.
You have more super - she will get more pie.

It suxs that she has sat on hear arse for 30 years and as a result gets more pie. If I was a betting man and with no actual figures to go on. I'd be thinking a 60/40 split. BUT it is complex. So for example. In my situation I got slightly more pie in the form of superannuation. WHY? well she got cash from the sale of the house. She can use that NOW. Where I have to wait until I'm 60 to get to the super and I'm at the mercy of the markets. There is risk involved.

So like I said, huge complexities about asset division. Another example. If she insists the inheritance is excluded - then you can argue that you deserve more of the rest of the pie because she has that pile of cash that she is refusing to include in the pie. Heck, if she wants to maintain that argument then your super and the value of YOUR business should also be excluded because that is YOUR stuff.

Last thing - she sounds crazy, prone to tantrums. Don't bother. RUN.... RUN.... If you move back in with the avo hanging over you and there is an argument, she calls the cops, you will be arrested. Sure you can document everything to try to 'prove' innocence. But you'll spend thousands on solicitors to do so. Honestly, our jails are full of men doing 3-6 months for breach of avo. Not worth the risk....
I hear you loud and clear.
Thank you again for your input into these difficult moments.
Even just venting some of it helps. Don't really have many friends as that also created frictions about 'what did you tell so and so about me?' etc.
Take on the chin and move on.
Biggest mistake in my life, an eyes opener!😞
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Go see a solicitor. Go see your doctor - Maybe get some counselling. You're going through a tough time.
But go see a solicitor. Google search the property the ex inherited. She could try to sell it and if her name is the only one on the title she can... So if you see it advertised go see a solicitor asap. You can have a caveat put on the property so that she can't sell it and move the money overseas or do something else to try to fcuk you over.