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I'm going to leave my husband. 2 kids, $25k available in mortgage account and $100k asset in home. Do I just withdraw the cash, move to a rental set myself up and go to court later?

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Answers (13)

Your lawyer can get a court order freezing any taking of assets. I personally would so that first and not take the money.

Will you're husband turn into a total dick? You have to be careful what you do next. Get a lawyer & he'll advise you what to do next.

Check if the house has a redraw facility. If your husband sees you've withdrawn all or half of the cash, he might withdraw some/all funds from the home loan - you'll be legally responsible for half of it. Take a record/ email yourself copies of all your financial info first.
Get all your ducks in a row first

I guess the alternative is you move out and he withdraws the cash?

Yep, take it all. Deal with it later. If you don't he probably will

I would take half of the cash, you could be made to pay it back if you take all of it. Thats enough to set you up until you can get centrelink sorted.

I would stash a few thousand to get started, then have all accounts assets frozen. That's assuming you will be ok for a while.

Does your husband know you are leaving? If it is an amicable split I would talk to your husband and come to some kind of agreement - half of the cash for you and him seems fair to me so the both of you have financial backing, and then freeze the house monies. If you are doing a runner, I would still only take half of the cash and freeze the house monies, and see a lawyer.

Taking first will bite you in the a*s especially if you’ve never worked or contributed under the eyes of the law. Go to a lawyer and start legal proceedings, ask for assets to be frozen.

 Unlikely shes never worked
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 Raising their children is contributing in the eyes of the law
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Go to marriage counselling first.

 Maybe she has
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Quitter. You are going to make your kids hurt.

 Staying in a toxic or bad relationship hurts kids more. Kids aren't stupid. Furthermore who are you to pass judgement you don't know if violence is a factor or drug or alcohol abuse. If you haven't got something nice to say don't comment.
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