Hi everyone, long time reader needing some advice.
My de facto partner and I have split, our relationship lasted 2 1/2 years. We have an 18 month old child.
I am looking for advice regarding how assets are split for property settlement. I feel like I have a decent grasp of things, but letters from her solicitor are causing some doubt. We have a small asset pool and have made unequal contributions.
Assets entering the relationship:
Me: $55,000 + car ($8000 value)
Her: $0 + car sold for $300 as scrap as it was worthless (so no assets whatsoever) I drove her to work for 3 months while I paid for expenses so she could save for a new one
Asset pool
We purchased a house $410,000 (valued at 440,000) and now has $355,000 owing on it and she had purchased a car during our relationship with money saved during our relationship (her car value 11,000).
How much of my initial contribution ($55,000) am I likely to see returned before dividing the remaining assets? (Her solicitor is only wanting to return 80% of that value, is that realistic?) If not, are there any cases I that anyone knows of with similar details to this that I can read, I scoured auslii but couldn't find the right keywords.
Lastly what is the likely split of the remaining assets. Significant portions of the house value are attributed to myself doing all the work, fences, landscaping, flooring, painting, etc.
We both have the same superannuation. We both work in the same profession (teachers). She is currently caring for our child and working two days per week (3 next year). I will be lodging at court for equal care and custody of children for the child and have a strong case due to alienation and mental health issues so that I am able to increase my amount of time spent with him.
So realistically she has a greater earning capacity due to her being full time and I'm employed on a temporary basis and she is one increment higher on the salary scale.
One last thing, my mother gifted me $100 per fortnight (traceable) $8500 over the course of the relationship to spend supporting myself, this was pooled into savings of which my partner took half. Do I just leave this out?
My de facto partner and I have split, our relationship lasted 2 1/2 years. We have an 18 month old child.
I am looking for advice regarding how assets are split for property settlement. I feel like I have a decent grasp of things, but letters from her solicitor are causing some doubt. We have a small asset pool and have made unequal contributions.
Assets entering the relationship:
Me: $55,000 + car ($8000 value)
Her: $0 + car sold for $300 as scrap as it was worthless (so no assets whatsoever) I drove her to work for 3 months while I paid for expenses so she could save for a new one
Asset pool
We purchased a house $410,000 (valued at 440,000) and now has $355,000 owing on it and she had purchased a car during our relationship with money saved during our relationship (her car value 11,000).
How much of my initial contribution ($55,000) am I likely to see returned before dividing the remaining assets? (Her solicitor is only wanting to return 80% of that value, is that realistic?) If not, are there any cases I that anyone knows of with similar details to this that I can read, I scoured auslii but couldn't find the right keywords.
Lastly what is the likely split of the remaining assets. Significant portions of the house value are attributed to myself doing all the work, fences, landscaping, flooring, painting, etc.
We both have the same superannuation. We both work in the same profession (teachers). She is currently caring for our child and working two days per week (3 next year). I will be lodging at court for equal care and custody of children for the child and have a strong case due to alienation and mental health issues so that I am able to increase my amount of time spent with him.
So realistically she has a greater earning capacity due to her being full time and I'm employed on a temporary basis and she is one increment higher on the salary scale.
One last thing, my mother gifted me $100 per fortnight (traceable) $8500 over the course of the relationship to spend supporting myself, this was pooled into savings of which my partner took half. Do I just leave this out?