What Happens If I Leave The Family Home?
If you leave your home you still have the right to a fair share of the property, i.e. you will not lose your right to a share of the house or it's contents.
My Name Is Not On The Title To The House, Does That Mean I Will Loose It?
Regardless of whose name is on the title of the house or any other major asset the law considers it matrimonial property. In other words you will not loose the house and it needs to be taken into consideration durng financial negotiations.
Do I Need To Pay Stamp Duty If I Become The Sole Owner Of Our Home?
The transfer of title between spouses (or de facto partners) is exempt from stamp duty. This also applies to motor vehicles.
Can I Force My Former Partner To Move Out?
Both of you are entitled to live in the family home. So, you can't force your former partner to leave unless a court orders it. The court can make a temporary order giving one spouse exclusive use of the home until property settlement.
Who Is Responsible For The Mortgage Or Rental Payments?
No matter who is living in the family home the payments (rent or mortgage) need to be maintained. Short term financial arrangements should be put in place as soon as possible to ensure all payments are maintained. If you're unable to maintain these costs you should speak to your mortgage provider or landlord ASAP.
You may be entitled to government assistance so should also talk to the
Family Assistance Office or
Centrelink.
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