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  1. #1
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    Default urgent helps for a friend please

    My friends husband has left her for another girl. They have been together for 12 years married for 3 and have one child together. The problem is the house is solely in her husbands name. He had told her he put it in both after they paid it off but it turns out he never did. She has kicked him out, at the moment he claims he will sign the house over to her, but then when she said shes changing the locks he said she cant as it is his house. He is completely in love with this girl, blinded atm, but stone broke and I am so worried that as the dust settles hes going to put his claim on the house. What does she need to do to get the house signed over to her asap so she is safe there? We are in perth.

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    Default urgent helps for a friend please

    If it's in his name she can't just go and get it signed over into her name unless he signs it over himself.
    However there can be a property settlement done, if she is the primary carer for the children she is entitled to the majority of the share.
    As far as the locks, just do it.
    Someone correct me if I'm wrong! Was a long time ago my parents split, house was in both names though.

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    onkybear  (31-10-2012)

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    Can he just sign a form to put it in her name? I should say that she is ringing legal aid, but she scared so until she gets on to them....

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    She is definately the primary carer for their child, I would say at least 95% of the time

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    Default urgent helps for a friend please

    She needs legal advice. If she can't afford a solicitor at the moment she should try a women's legal service.

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    Default urgent helps for a friend please

    As far as I'm aware documents need to be drawn up and signed infront of a solicitor or the likes.
    Not too informed about it sorry.

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    As far as I understand he can sell the house whenever he wants, it's in his name and she doesn't have any way to stop it. Unless they can come to an amicable agreement, they will then have to go to family court to arrange a financial settlement (either before or after the sale).

    If she wants some security of the house not being sold from under her, she can put a caveat on the property. It's relatively cheap and I don't think you need to prove any sort of claim, but it can't be settled without the caveat being lifted or he can appeal the caveat through legal channels. Note - it can be 'sold' ie placed under contract, but not settled. Try the landgate website for more info.

    She can change the locks if she wants, he can also declare her a squatter (but that would be pretty hard to get a bailif to agree to through her out). You say that he was going to put it in her name after "they" paid it off, if she has contributed financially to the relationship she needs to start pulling out as many statements etc as she can. She will still be entited to a settlement whether she 'paid' or not.

    Hope this helps.

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    She can change the locks but he is just entitled to break in and would then need to repair any damage caused by breaking in. She needs to put a caveat on the house, as a pp said and get legal advice. I would also recommend (if she has the money) she put a security alarm in so he can't just keep coming in and out disrupting her and the child.

    What a douche bag. Hugs to your friend.

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    Default Re: urgent helps for a friend please

    she has a couple of options:

    1. Lodge a caveat on the property.It will not prevent him from listing the property for sale but it will not be settled until the caveat is removed by her or the family/supreme court.

    2.Apply to the family court of WA for an order that she be able to remain in the house until a property settlement is reached. Even with this the court will not stop the house being sold if neither party can buy the other out..but it may delay things.

    She needs legsl advice asap as she needs to take action now.

    She should contact her nearest community legal centre

    Sent from my GT-I9100T using BubHub

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    Ellewood  (01-11-2012)

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    Default urgent helps for a friend please

    Caveat! Immediately!

    She's entitled to at least half of ALL property owned between them regardless of who officially owns what, but it can take time to sort out agreements and whether assets need to be sold before being split etc. so the first thing would be to protect her interests in the short term. There have been plenty of cases where assets have been sold by one party and the money "disappears" while all the documentation gets worked through and then court orders can be issued to repay the money of course but much harder to recover funds once that's happened.

    Please tell your friend to take immediate action to protect her and her childs financial interests!

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    Bulbasaur  (01-11-2012)


 

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