NSW Can I keep full ownership of a house after divorce?

[Erza]

I got married without a prenuptial or property agreement. After the marriage, I used my own funds to purchase a house. It has been two years, and I am now considering a divorce. Is it possible for me to retain full ownership of the house, given that I was the one who paid for it?

 

[lostinspace]

You can keep the house if it is fair and both parties agree, or if the courts think it is fair.

You will find things are not as simple as who paid for the mortgage.

 

[Noel Harris]

Possible, but not guaranteed just because you paid for it. Under the Family Law Act a house purchased during marriage is part of the asset pool regardless of who funded it. That said, a two-year marriage with no children and sole financial contribution are all factors that weigh heavily in your favour and a court may well find little or no adjustment is warranted. It is not automatic though. Worth getting specific advice on property and financial settlements to understand where you actually stand before assuming the outcome.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.

 

[rofoniqu]

I realize this is from a while ago, but I'm curious if anyone has had more recent experiences with this kind of situation. With family law evolving, does anyone know if recent cases in Australia have shown any trends or changes that might be helpful for someone in Erza's position? Also, any personal anecdotes on how settlements outside of court worked out would be great.