ex signed her name of title under natural love and affection

when I withhold the children from her due to the fear of her new partner she will go after the only thing I own...the property. the kids have already told her they don't want to live with her and that has pissed her off and she has threatened to take her half of the house. Ive have still kept to the verbal parenting agreement (she wont do one in writing) but as soon as this issue comes up and I do stop her seeing them for overnight visits **** will hit the fan and she will do whatever she can to take the house to try to put us on the street so I cant have them. (she has said those exact words when the girls said they don't want to live with her)
 
My info is old but I think is still be valid. If you have the kids living with you the split of assets would be 70% to you 30% her, but you may have to pay maintenance to her if she cant get work and you earn more than her. If the kids are over 11 - 12yo their wishes will be taken into account. Over 15yo they can state what they want to do. Whatever happened before you divorce/do your property settlement wont be taken into account (ie you supported her, she worked, didnt work etc. doesnt matter). If you get a divorce, you only have a year to do the property settlement then any division of assets must be agreed to by both of you. Re-read that carefully. A year goes by very quickly, especially with a new boyfriend on the scene. Fact: After divorce and no property settlement finalised within the year, if you havent been able to reach agreement re division of assets, ie selling the house and giving her a share, etc. she cant force you to, it must be agreed by both. If she agrees to sell the house and you then cant agree on division of assets it will go into a trust account until you both agree
 
I have the kids and she woks full time, I don't work at all and receive no benefits from centrelink so she would have to pay me the maintenance. Which so far she is. girls are 9 and 10 and don't want to go to her place they don't even like trying to call her anymore as she doesn't answer the phone most of the time
 
My info is old but I think is still be valid. If you have the kids living with you the split of assets would be 70% to you 30% her, but you may have to pay maintenance to her if she cant get work and you earn more than her. If the kids are over 11 - 12yo their wishes will be taken into account. Over 15yo they can state what they want to do. Whatever happened before you divorce/do your property settlement wont be taken into account (ie you supported her, she worked, didnt work etc. doesnt matter). If you get a divorce, you only have a year to do the property settlement then any division of assets must be agreed to by both of you. Re-read that carefully. A year goes by very quickly, especially with a new boyfriend on the scene. Fact: After divorce and no property settlement finalised within the year, if you havent been able to reach agreement re division of assets, ie selling the house and giving her a share, etc. she cant force you to, it must be agreed by both. If she agrees to sell the house and you then cant agree on division of assets it will go into a trust account until you both agree

I am not a famly law lawyer, but don't agree with any on this post.
 
Just find it hard to believe that she can sign her name off he title after she left and still make a claim on the property. You would think signing her name off gives up all rights to a claim
 
Whatever happened before you divorce/do your property settlement wont be taken into account (ie you supported her, she worked, didnt work etc. doesnt matter).

Family court lawyer told my friend that the fact his wife had stayed home with children for most of their married life would mean the court would take that into account and award her even more than had she worked during some of those child rearing years.
 
Family court lawyer told my friend that the fact his wife had stayed home with children for most of their married life would mean the court would take that into account and award her even more than had she worked during some of those child rearing years.

That's my understanding too but im in a situation where I was staying at home AND provided most of the financial support during the relationship. Ive been raising the kids since 2008 (kids were born in 04 and 05) AND purchased the property outright via a TAC payment from a car accident which has totally negated my earning capacity. Now I have the kids and no income while shes working and living in a dual income household, she also receives regular pay raises and extra training to entitle her to the pay rises as her new partner is also her supervisor.
Just don't see how its fair that she claim any part of the property especially since she willing signed her name of the title. (which was witnessed by an independent third party like it needs to be)
 
Just find it hard to believe that she can sign her name off he title after she left and still make a claim on the property. You would think signing her name off gives up all rights to a claim

This is also possible outside of family law. There is a whole branch of law called 'equity' which covers this sort of thing.
 
Just don't see how its fair that she claim any part of the property especially since she willing signed her name of the title. (which was witnessed by an independent third party like it needs to be)

Then you need to be less narrow minded about it - its not about who signed what to whatever title.

You seem happy to bring up all the facts during the relationship that show you are hard done by, but then focus on some small thing when it comes to this property issue.

If you want to do something useful, then preparing a chronology of your relationship, and a complete financial statement of the current incomes and asset pool in time for your first appointment with your family lawyer.

And then let them determine what's important, instead of you getting worked up over what you think is important.
 
Then you need to be less narrow minded about it - its not about who signed what to whatever title.

You seem happy to bring up all the facts during the relationship that show you are hard done by, but then focus on some small thing when it comes to this property issue.

If you want to do something useful, then preparing a chronology of your relationship, and a complete financial statement of the current incomes and asset pool in time for your first appointment with your family lawyer.
And then let them determine what's important, instead of you getting worked up over what you think is important.

I was about to suggest this too.
Hey Thatbum, if you are ever doing locum work in Qld let me know.
 
Well after speaking to lawyers it seems the only way to 'protect' what I have fought for over the past decade for my children is through my will. So that is the way i'm going to do it. Thank you to everyone for their advice and I hope everything in life works out for you all
 
Well after speaking to lawyers it seems the only way to 'protect' what I have fought for over the past decade for my children is through my will. So that is the way i'm going to do it. Thank you to everyone for their advice and I hope everything in life works out for you all

what hogwash!

As a lawyer specialising in wills I can tell you this is not the case.
 
what hogwash!

As a lawyer specialising in wills I can tell you this is not the case.
As a non-lawyer, I also wondered how a will - which has no relevance until you die - protects your assets from family law actions while you're alive. :confused:
 
Well after speaking to lawyers it seems the only way to 'protect' what I have fought for over the past decade for my children is through my will. So that is the way i'm going to do it. Thank you to everyone for their advice and I hope everything in life works out for you all

You need another legal opinion.
 
You need another legal opinion.

I think so too.
Hey OP, if you want some advice from forum members (which at this stage seems to be cheaper and better than your other legal advice) tell us the whole story so we can give accurate views. I feel I am missing something in this story.
 
Well after speaking to lawyers it seems the only way to 'protect' what I have fought for over the past decade for my children is through my will. So that is the way i'm going to do it. Thank you to everyone for their advice and I hope everything in life works out for you all

Excellent, so all you have to do is die now to make sure your children get the property? Ridiculous.

The lawyer wasn't Dennis Denuto was it?! You want the Bud Tingwell character (forgotten his name, Lawrence something?)
 
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