NSW Can I leave the home and still get a % ?

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Jacinda

Member
29 October 2019
2
0
1
Been married for 20 years , 4 children ages 19, 17, 16 and 7.
I want to seperate, however my partner is not being co-operative with assets and divisions he tells me he doesn’t want to give me anything and he will give me a hard time if I were to file any legal case. He is emotionally and financially abusive, has severe controlling and manipulative behaviour. I can’t prove his behaviour to a certain degree, I can’t ask him to leave without an AVO and I don’t want to be under the same roof as him whilst taking legal action. All property is under his name. If I choose to leave the home does it make a difference with what I’m entitled to ? What about my kids ? Do they have a choice who to stay with ? What are the best options to come out with an entitlement percentage ?
 

Melanie Wyatt

Member
30 October 2019
2
2
1
Been married for 20 years , 4 children ages 19, 17, 16 and 7.
I want to seperate, however my partner is not being co-operative with assets and divisions he tells me he doesn’t want to give me anything and he will give me a hard time if I were to file any legal case. He is emotionally and financially abusive, has severe controlling and manipulative behaviour. I can’t prove his behaviour to a certain degree, I can’t ask him to leave without an AVO and I don’t want to be under the same roof as him whilst taking legal action. All property is under his name. If I choose to leave the home does it make a difference with what I’m entitled to ? What about my kids ? Do they have a choice who to stay with ? What are the best options to come out with an entitlement percentage ?
Hi Jacinda. I am a family lawyer based in the Western suburbs of Victoria. You are still entitled to a property settlement if you separate and leave the property. I would suggest that you arrange an appointment with a family lawyer to discuss the percentgage split as you would need to provide a history of your financial and non-financial relationship. The children's best interests are considered when decided the time with each parent. Best of Luck. Melanie Wyatt Family Law