My Daughter single mother of six with one severely autistic childis selling her property which her far. She lives in

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Customer: Second opinion] My Daughter single mother of six with one severely autistic childis selling her property which her far
JA: Estate laws vary by state. What state are you in?
Customer: she lives in victoria
JA: What documents or supporting evidence do you have?
Customer: My Husband and I purchased the property built and the house and daughter moved in. Her separated husband of six years moved in promising to change his drug and alchoholic ways and finally be a father and partner. The land which was to be part of our daughters inheritance was gifted to her, with her name only on the Title. Her estranged husband and my daughter refinanced the home loan which he contributed to until he was asked to leave again for the third time in the relationship. he has been saparated now for six years. My daughter is trying to sell the property to escape his abuse and threats. He has put a caveat on the property and says he will stop the sale until he gets what he wants. He has lied about his contributions to the property and entire relationship, We have all the supporting documents proving what we have paid. But we are told My daughter is at his mercy and may lose the sale which is due to be settled in september2020
JA: Anything else you want the Lawyer to know before I connect you?
Customer: will this take long I may have to leave suddenly. and stop the conversation
Answered by Leon in 7 mins 2 years ago
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Leon
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Leon
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47454 Satisfied customers
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10+ years of experience
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Leon
10+ years of experience
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47454 Satisfied customers

Jessica

Jessica

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Leon, Expert

Hi, I am Leon, a NSW Solicitor. I am now reviewing your question and will reply again in a moment.

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Leon, Expert

Good Afternoon

Were they married?

Customer
Hi
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Leon, Expert

Are they still married?

Customer
Zhe has tried to divor
Customer
She has tried but he refuses
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Leon, Expert

So they have not divorced.

She does not need his consent.

She can apply on her own.

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Leon, Expert

She can avoid the property split but I need to discuss it on the phone it is easier

Customer
I cant at this stage till I discuss it with my daughter.
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Leon, Expert

She can apply and serve him

She does nothing about property.

He then has 12 months to file for a property split.

If he does nothing and 12 months pass then the right is over.

He cannot do anything

She has to apply and get the divorce not mention anything about the property

If he starts the action then she has to defend it.

She does not start anything apart from the divorce.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback by rating my work 5 stars so I can be paid. Highlight the 5 stars at the top and click the submit button.

Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

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