........and claimed as defense, prolonged mental torture.
From today's Australian:-
".........The Federal Circuit Court has been asked to adjudicate a dispute between
a 91-year-old husband and his 83-year-old wife, who waited 30 years
before deciding to push for her slice of the family home........."
".......The court, sitting in Newcastle, heard the couple bought a block of land
in the Newcastle area in 1951, before building a garage, in which they
lived for five years while they built their house......"
"...........The couple separated in 1986 after 35 years of marriage, but when the
wife tried to get a divorce, her husband objected. The wife agreed to
“try again later” but she never did, and nor did she pursue a formal
The wife told the court that she had tried
countless times over the years to convince her husband to sell the
family home and simply give her a share, saying: “I think over the years
we would have discussed the property and the money hundreds of times,
and he said: ‘You don’t need money now; just wait a bit longer; you will
get your fair share; it could be worth a million bucks to the right
buyer; I will do the right thing by you; (and) if I die before I sell it
then this place goes to you and the four kids in my will anyway’..........’’
".........Finally, in 2013, when the wife discovered that the husband had changed
his will to remove her as a beneficiary, she decided to go to court. The
husband continued to object to the sale, “asserting that the wife
should receive no part of the property........her ex-husband now lives in an aged care centre, and will need proceeds from the sale of the house to pay the bond..”
".......judge Janet Terry decided to split the value of the house down the
middle, which will allow the husband to pay his bond, while the wife
will be able to “maintain a reasonable standard of living and enjoy some
luxuries like an overseas trip.............”.
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