NSW De Facto separation of assets - unsure what I'm entitled to

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Blinko

New Member
10 June 2017
1
0
0
Been together since 2011. We have 2 kids together (18 months and 3 years) and she has 2 kids from her previous marriage.

We initially moved into a rental house while I was renting out my unit as it was too smallI to accommodate us and her kids.

In 2012 I used the equity from my unit to purchase a house and then sold the unit in 2015 as money was getting tight.

I am currently working while she looks after the kids.

Current value of house ~770k with 470k left owing and 100k in an offset account.

I have paid all mortgage repayments, all bills, shopping, purchased both cars etc even while she was working. What is the likely entitlement in the breakup?

She is going to go through legal aid. Is it worth getting a lawyer to contest the outcome?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,
It's worth getting a lawyer, not to contest anything necessarily but to protect your best interests. Regardless of how much you paid directly into the house if your partner paid her money towards a part of the household, she will likely have an equitable interest in the property. Also looking after the kids is generally considered contributing to the household. The assessment of equitable distribution of assets is based on contributions made and likely future earnings. It's not something anyone on here could make a guess and tell you how much you will get.
 

Blessing

Well-Known Member
20 April 2017
70
8
224
Sydney NSW
A property split looks into non-financial contributions as well as financial contributions. If you wanna protect your rights and best interests then yes it is.
 

Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
121
25
454
Sydney, NSW
www.neatlaw.com.au
Hi - as Lance said above - the formula for calculating separation of assets is done by making an individual assessment of each case.

If she is getting a legal aid lawyer - then it will probably be in relation to child custody. Legal aid don't do property settlements. Have you got a parenting plan in place?