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  1. #11
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    Quote Originally Posted by onkybear View Post
    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.
    She can't. Half of it is his. They will need to go to court where I assume they will split the house down the middle DEPENDING on how much of it he owned before she came. If he owned 3/4 of it before they got together than he will get more than her.

    I would also like to add that of course he should put his claim on this house especially if he bought it before meeting her. I don't see why he shoud have to walk away from it and just sign it all over to your friend. I think it should just be sold and the money split between the 2 and then child support/custody worked out.
    Last edited by Renesme; 01-11-2012 at 05:29.

  2. #12
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    Default urgent helps for a friend please

    Does your friend expect to be given the whole house?

    Surely the ex has rights to 50% too?

    My advice would be to go to a lawyer and get a settlement ASAP. Sell the house, split the $ and move elsewhere. Perhaps ex-hubby will be a bit more understanding and not chuck a stink at your friend staying there if:
    - she stops threatening to change the locks
    - she lets her ex know she doesn't want to stay their indefinitely without resolution. (ie getting a settlement agreement is the aim).

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    Renesme  (01-11-2012)

  4. #13
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    Default urgent helps for a friend please

    Neither he nor she is entitled to the entire house. Technically their (his and hers whether in joint names or not) assets should be split equally although each situation is different. They need to get a lawyer each and either agree to a financial settlement or go to court.

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    Renesme  (01-11-2012)

  6. #14
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    Default urgent helps for a friend please

    Like other posters have mentioned I think k the husband is entitled to a percentage of the house, however if there is a child in play it may not be 50/50 if she gets sole custody.

    As others have mentioned I would put a caveat on ASAP and start the legal proceedings through legal aid or whatever is necessary if they cannot come to an agreement. I would not trust the husband even if they come to an agreement cause he can just go against it. Remember the other woman may be in the background

    Hugs to your friend. I can't imagine the pain of this. But I would advise the friend to try to keep it amicable. The husband probably feels guilty but if she keeps threatening it may turn to anger very quickly. And since she is not on the deed it may just make it harder on herself.

  7. #15
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    Default urgent helps for a friend please

    She needs to see a private lawyer or legal aid. He won't be entitled to legal aid as he owns a house. She may be though depending on whether she has any other financial assets that legal aid think she can sell to fund the court battle.

    As others have said, the house should probably be sold and the proceeds split after costs of sale have been paid. I was awarded 65% of the asset pool, I have 2 kids and contributed the deposit to buy the house.

    If the house is to be sold, a caveat needs to be put on it until court orders are drawn up. If she and her husband can agree on the terms (for both property and custody) then it doesn't need to go to court, the lawyers can draw it up and sign off on it and it can then just be stamped and sealed by a magistrate.

    If the house is to be sold, I would go with a private lawyer. She should ring around and my advice (based on my own experiences) is to go with a larger firm than a small one. My lawyer is brilliant and with a well reputed firm, my XHs runs her own business and is rubbish.

    Legal aid can suggest lawyers in your friends area who would be well suited to her needs.

    Good luck to your friend.

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    It's not as simple as him signing the house over. They need to do a settlement, negotiate negotiate negotiate, it can take a long time, and then have it drawn up by solicitors, submit it to the court, if the court thinks it's fair they will approve it (if she has teh kids the majority of the time, the usual split is 60-70% her way), then if he had agreed in the settlement for her to keep the house in her name, she needs to apply to the bank to have the mortgage refinanced, which means she needs to apply for a home loan like everybody else, plus extra to pay him out, and they can knock her back if her finances aren't great. Just been through all this, it took sooooo long and was alot harder than first thought.

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    Default urgent helps for a friend please

    I don't think there is finance on the house though in which case he can 'gift' the house to her and the deed can be transferred in to her name.

  11. #18
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    Quote Originally Posted by HugsBunny View Post
    I don't think there is finance on the house though in which case he can 'gift' the house to her and the deed can be transferred in to her name.
    Blimey, does he want to give her the house? If he wants he can do that but they will need a proper financial settlement drawn up by a lawyer. They will both need their own lawyer though. My DH went through this with his ex, they split amicably and agreed on a settlement, lawyers drew it up, they signed it and voila! If he t/f it to her name they won't need to pay stamp duty as it is part of a divorce settlement.

  12. #19
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    I did property settlement two years ago and I don't believe the laws have changed since then.

    If you and your partner have lived together for longer than six months it doesn't matter who brought what into the relationship, everything goes 50-50. The primary caregiver of the children gets an extra 10-20% approximately. It goes up a little bit more if there's more than one child.

    If your friend's husband tries to sell the house she will need to get a lawyer to lodge an injunction to stop this. When the ex and I settled, my home was in my name as I owned it before he met me, my real-estate agent was really worried he would lodge an injunction and mess up her sale, so speaking from experience, my ex could have stopped me selling my home even though he never paid a cent towards it. He also got half the value of my home, even though he never paid a cent towards it 

    You normally do property settlement when you divorce and usually divorce proceedings don't take place before 12 months is up. You can lodge for divorce, property settlement and consent (custody/visitation stuff) orders regarding the children are called, prior to the 12 month period under special circumstances which your friend sounds like she would be able to do as he has been unfaithful and their split is irreconcilable.

    Your friend has 50% (and a bit extra for their child) legal ownership of all their assets even if they are all in his name. She’ll need to have a list of their assets and liabilities when she goes and sees a lawyer and they’ll sort it all out for her.

    PS: Legal Aid don't do property settlement/divorce.
    Last edited by Willow; 04-11-2012 at 15:31.


 

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