WA Family Home in Wife's Name, Partner in Detention in Vietnam?

[Ivan]

My son is in detention in Vietnam awaiting trial with the possibility of being sentenced to capital punishment, life imprisonment or 20 years imprisonment. He was married 20 years ago and has been separated from his wife for the past four years. He has two sons (10 and 8 years old) from the marriage. He has been the bread winner throughout the marriage. When they purchased their family home for the purpose of avoiding paying maintenance to his two sons from his first marriage, the home was registered in his wife's name. Now that they are separated:
- What are his rights under family law regarding his share of the family home property (property settlement)?
- Should he divorce before he claims his share?
We live in Western Australia.

 

[CathL]

Hi Ivan,
What stood out to me as an urgent issue is your son's trial. Have you engaged a criminal defence lawyer to assist with the trial in Vietnam??

The Family Law Courts has a 'Property and money after separation' page which sets out useful information, including:
The Family Law Act 1975 sets out the general principles the court considers when deciding financial disputes after the breakdown of a marriage. The general principles are the same, regardless of whether the parties were in a marriage or a de facto relationship, and are based on:

• working out what you've got and what you owe, that is your assets and debts and what they are worth
• looking at the direct financial contributions by each party to the marriage or de facto relationship such as wage and salary earnings
• looking at indirect financial contributions by each party such as gifts and inheritances from families
• looking at the non-financial contributions to the marriage or de facto relationship such as caring for children and homemaking, and
• future requirements – a court will take into account things like age, health, financial resources, care of children and ability to earn.

It is important to realise that the way your assets and debts will be shared between you will depend on the individual circumstances of your family. Your settlement will probably be different from others you may have heard about.

The Family Court WA also has a useful 'Financial and property' page.

He could apply for divorce and property settlement at the same time. However, if he is sentenced to capital punishment then there's not much point to going through divorce and property settlement as his assets will pass to his wife/children or pass according to his will.

 

[Ivan]

My son is in detention in Vietnam awaiting trial with the possibility of being sentenced to capital punishment, life imprisonment or 20 years imprisonment.
He was married 20 years ago and has been separated from his wife for the past four years. He has two sons (10 and 8 years old) from the marriage. He has been the bread winner throughout the married. When they purchased their family home for the purpose of avoiding paying maintenance to his two sons from his first marriage, the home was registered in in wife's name. Now that they are separated:
what are his rights regarding his share of the family home?
should he divorce before he claims his share?
We live in Western Australia.

 

[Ivan]

In the working of a Will what is "My Personal Representative is not required to post bond"?

In the Clause: "To pay my legal enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trust created by my Will as soon as convenient after my death, except for any debt secured by real and/or personal property which is to be assumed by the recipient of such property", what if there are no funds available in the estate...from where do the Personal Representatives get funds to pay out?

 

[Ivan]

As my is imprisoned in a Foreign Country, wherever it is required to state his current address should I fill in my address as I have Enduring Power of Attorney to act on his behalf?