Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

QLD Domestic Violence - What to do about Property Settlement?

Discussion in 'Family Law Forum' started by chipsngravy7, 24 March 2015.

  1. chipsngravy7

    chipsngravy7 Member

    24 March 2015
    Likes Received:
    Hi, I was living in an emotionally abusive (domestic violence) relationship for three years. Two months ago, I got up the courage to leave after he attempted suicide to blackmail me into staying.

    I've moved far away from him to be closer to family, but there's the issue of our house which we still jointly own. As well as emotionally, I've also suffered financially during the past three years including paying the majority of our house expenses, rates, bills and mortgage repayments, which we are currently in arrears with and one step away from receiving a default notice.

    I'm just wondering what my rights are, given I'm no longer living in the house and we're so far behind with repayments. If we put it on the market, do we have to split the proceeds 50/50 at property settlement? I feel it's unfair I've invested so much money into the house and bore the brunt of the bills and I won't even come close to receiving what I'm owed with an even split of whatever profit - if any - the property sale makes. Not to mention having an incredibly black mark on my credit check record because of all this.

    Any advice would be appreciated. Thank you.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
    Likes Received:
    Given the length of your relationship being only three years, it is considered de facto, but the court would consider it 'short'. The shorter the relationship, the more inclined the court is to enable each party to maintain their assets from before the relationship.

    The element of emotional abuse has no bearing on property settlements, unfortunately, though if you can prove that it has caused you such damage that it has permanently reduced your capacity to earn in future, you might gain a small advantage.

    In decided how the house should be split, the court would apply a four-step process.

    1. What is the total shared asset pool? This includes assets and liabilities, bank accounts, cars, etc.
    2. What was the contribution of each party? This includes both financial and non-financial contributions, such as if one worked and the other stayed home and kept house.
    3. What are the future needs of each party? If there were kids, this would take their future care into consideration, as well as the employability of each party as the result of the marriage (e.g. if one kept house and raised kids while the other worked).
    4. Is it just and equitable?

    Before you can commence proceedings for a property settlement, you are required to try and reach an agreement with the other party at a family dispute resolution conference. Legal Aid can organise this for you.

    I hope this helps.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page