Court gives wife the boot! 21 days to leave the family home.

FLAST CASE BRIEF : BUSCH & DYER [2019] FCCA 956

In this unusual case involving a Property dispute and a marriage lasting less than 2 years with the wife who came to Australia in 2009 and achieved permanent residence in 2016 after her marriage to the applicant. The husband deposed that the parties always had separate bank accounts. He deposed that the wife made no contributions to the utilities, rates and the like of the matrimonial home, and that the parties were so to speak, financially separate throughout the relationship.

The wife is now refusing to leave the matrimonial home until she got what she wanted, which is to stay until the end of this year or the husband pay her $25K to move out.  

The Court determined it was clearly not just and equitable to make an order adjusting the parties’ property interests.  Each party gets what they came in with, in the wife's case that was very little.  The wife is ordered to vacate matrimonial home within 21 days.



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