WA Can Mortgage Payments be Credited to Me After Separation?

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18 March 2017
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My partner and I separated in March. I continued to pay the mortgage at 2200 per month, then rates and insurance. I live in the house and my ex-partner moved in with her bf and stayed in the house which is solely in my name. I lived there one week per month as I am FiFo. This amounts to about $22000 or more.

My question is, can the monies I have paid for the mortgage, rates, insurance (required by the mortgage provider), be credited to me (or rather debited at share % from my ex's share of property) or are they lost in the cost of keeping the bank from taking the property.
 

sammy01

Well-Known Member
27 September 2015
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How long did you live together? Were you married? Were there any kids?

Look, you're kind of stuck between property law and family law. You own the debt with the bank - so as far as property law goes, you're stuffed... As far as property law goes - you are living in the house, she isn't... So your mortgage payments are a small consideration when looking at the big picture.

So assuming short relationship and no kids you should be trying to minimise the amount of your stuff / assets she is gonna get her hands on.
 
18 March 2017
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Thanks Sammy, apologies for the incompleteness of my info.

We were together de facto for 9 years. We have a 7-year-old. There is very little equity in the house, due to price going down in recent years, maybe 40K left to split. She wants 75%. She has never worked. Even before we had a child.

The main issue is my partner now won't let me see my daughter until I agree to the property settlement she has proposed. When we went to mediation, she offered so little, in access to my daughter that the mediator said it can't be settled by mediation.

She wants to push the property settlement, but I am sure, if she gets paid out, that she will leave the state.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
Short answer - no, house payments do not count..

Property at the time of the court case is what is taken into account. Expenses till then are marital expenses. I found this out the hard way :(

Legally she cannot automatically take your daughter interstate. Gather your evidence and get ready for a court case dealing with parenting orders. Ask for interim orders to see your daughter.
 
18 March 2017
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Thank you for all your answers. They have been very helpful in my understanding of the process or rather my situation.