I’m living in a house with my children and have separated from my husband who is an alcoholic. He refuses to leave the house and is living in the garage as he says it’s his house. The title is in his name. He has cleared out our joint accounts and he says he will support the kids. But I have to ask for money for him to give me any. He is the primary income earner and I have been mainly a stay at home mum. When he is drunk he is mean and yells and my kids get scared. What are my rights in terms of the house if it’s in his name? He said I will have to start paying him rent.
5 Replies
He is controlling you with the house. It’s your home too. You have rights to it. Can you leave and stay with family? you can claim centrelink and get away from him. You need to find somewhere to go and leave him for good.
Doesn’t matter if it’s in his name, it’s your house too.
Get a job, get the house sold and get your share (which will likely be over 50% if you have majority custody of kids).
It is a marital asset, doesn’t matter whose name it is in.
When you get a job, start saving, separate bank account etc.
The healing for you and the kids won’t begin until you leave.
Good luck in getting your independence back x
You will need to leave the house to properly separate, while you're staying there things will be messy. Then get legal advice in regards to house, go through mediation for kids care.
I believe you can apply for Centrelink while still living under the same roof (no personal experience, but I know people who have).
Record him if he starts yelling & swearing, it's potentially DV, which could make it easier to get him out.
But when it comes down to it, it'll be a property settlement that decides who gets what. It doesn't matter if your name's not on the title.