My partner of 12 years and I are separating. He’s always controlled his income and I've worked and paid the household bills and taken care of our child. He also refinanced the loans in his name and bought a car without consulting me.

He has always told me he was paying above the minimum loan payments but hasn't been and now the property is worth less than we owe.

I have no idea where something like $200,000 has gone over the past 6 years. What do I do? What can I do without going bankrupt?

You need a solicitor and You need to find all the paperwork you can find. If the property is still in your name (find a council rates notice) and he refinanced the loans without your signature you need to get solicitors involved...You will need to establish a papertrail and find out exactly what has happened and dates and any paperwork you have are crucial to you getting what you entitled to, especially if something illegal has gone on because even if he refinanced from his name to your name you still would of needed to sign a discharge authority from the bank you refinanced from and if you didn't, it may be possible that a case of fraud has happened, which in the case of separation it might be difficult to prove without involving solicitors. I highly recommend
Abbi Golightly
Partner - Marino Law
Phone
0755260157 (Work)
Address
Suite 2, Level 1 2485 Gold Coast Highway Mermaid Beach QLD 4218
Email
abbi@marinolaw.com.au

As a lawyer I suggest that you talk to a lawyer about your problem.

I can't speak to your specific matter without more information. As for the specifics of your particular matter we would need to properly understand what has happened, so that we can apply the law to those facts and then give an indication as to what we think. Every matter has it’s own facts and we need to understand the matter properly before we can give advice on it.


The first step I recommend to all of my client is to try to write out as best you can what has happened.

It would be useful for you to prepare a timeline (or as lawyers like to call it a chronology - perhaps because timeline doesn't sound as impressive) and a more detailed history based on the chronology.

The chronology is just a list of things that happened and dates. You should also write out a more detailed history about each of the things listed in the chronology.

The two documents compliment each other as one sets out what occurred in point form and the other expands those points as fully as possible.

The hardest part is starting. Where should you start? You should start at the beginning: for instance, when were you born? Where did you go to school? What grade did you get up to? Did you go to uni ?etc and then what did you do before you met your partner? When you first met your partner what were you doing? what did you own?

These first parts should be relatively straightforward and give a good indication as to where you were financially when you met your partner and therefore show what you had available at that initial point to contribute to the relationship.

Then as time passed what did you buy, sell, and do? If there were changes in the arrangements between the two of you over time (for instance if one of you became unemployed, or you became pregnant or went to live with someone's parents and stayed there looking after them or whatever else changed) you should set those changes out.

The chronology and history should go up to the present time. Including what happened at separation and what has occurred since.

Hopefully this process will help you focus on what occurred and provide detailed instructions as to your matter.

It may help you feel less pressured to keep everything in your head. As things come back to you you can update the chronology and history. If it is typed up on your computer it is a simple matter to add in further details.

You should cross reference with any documents you have to check dates and also get details for the history. You should take a copy of the documents for your lawyer and keep one for yourself.DON'T STICK POST IT NOTES ON PAGES OR WRITE ON THE DOCUMENTS. Write out any notes on clear piece of a4 paper and put that in with the documents. You will have plenty of space to say what you want, you won't lose the notes and you can take further copies of the clean documents as required. If you index the documents and cross reference them to the chronology things will be even clearer.

By having completed the chronology and history you will have a clearer picture in your head as to what has happened to date and you will find it easier to inform your lawyer.


We are happy to chat in more detail privately.


With warm regard,
Armstrong Doessel Stevenson Lawyers


Patrick Earl
Senior Solicitor

Tel: 07 3088 3777
Tel: 1300 237 529
Fax: 1300 665 894

www.adslaw.com.au