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    Sadjess's Avatar
    Sadjess Posts: 1, Reputation: 1
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    #1

    Apr 12, 2013, 06:49 PM
    Can my husband throw me out?
    My husband & I have been together for 13 yrs, married for nearly 5 yrs.
    We live in NSW Australia.
    We bought our home a little over 2 yrs ago & it is in his name.
    He works & is a police officer, I work casually (not very often), work around his roster & have stayed at home to look after children (mutual agreement).
    He has decided that he no longer wants to be married. He is telling me to get out. I have no money & no where to go. He says the house is in his name & if I don't leave he will put it up for sale & then when it is sold I will have to leave. The children would be going with me as he cannot look after them & work. I am trying to find some night shift nursing work where my parents are able to look after the children while they are asleep & I'm working.
    Is he able to just throw us out of the house or put it up for sale without us having any money or a place to go? I have put applications in for rental properties however without having paid employment they have been knocked back.
    What am I supposed to do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Apr 12, 2013, 07:06 PM
    Get an attorney and File for divorce! He can't throw you out of the marital home until a divorce court tells you to vacate. Aand if there is a pending divorce he can't sell it until the divorce is settled.

    Don't let him intimidate you with empty threats that go against the law. Find a support group and learn what protections you have under the law. I'm not sure of the exact law in Australia, but some law is common. Aussie law is based on English common law same as US law. So I am almost positive he can't just kick you out or sell the house out from under you. You will probably have to move eventually, but you will have time to find a place.

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