QLD Does Wife Have Equitable Interest in Property under Family Law?

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Brendan8602

Active Member
1 September 2015
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My ex-partner and I purchased a house together in March 2009, and separated in September 2009. In November 2009, my now wife moved in, and commenced making full mortgage repayments, to a total of approximately $75,000 since then.

My ex-partner has made no payments towards the mortgage since abandoning the property in September 2009, and there is no separation agreement in place. The house is still co-owned between myself and my ex-partner, and I am trying to determine if my wife has an equitable interest in the property to assist with property orders under family law?
 

AllForHer

Well-Known Member
23 July 2014
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2,894
If she lives there, contributes to it, and benefits from it, then yes, she would be considered to have an interest in it, but I would get legal advice as to how this translates in property matters.