NSW ex-Husband transferred money as gift

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Karen2018

Member
22 May 2018
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0
1
I have a question, my ex husband transferred a lot of money from his business account into my personal bank account as a gift to stay with him while we were living together. I spent the money and less than $50k is left. We separated 2 years ago and got divorced recently. Now he filed in court for financial settlement and also included the money he transferred in my account for me to pay tax on that.

Not sure what the court will decide as the money he transferred he said its a gift i can spend on whatever I like. Now he wants me to pay tax on that amount because ATO is chasing him and he also wants 50% of everything I own.

He didnt contribute much financially while we were married. He had a 9 to 5 job and then came home and watched tv or he was on his phone. I earned way more than him and contributed 3 times more than what he did.

Our first court date which I believe is case assessment conference will be in a month. What is my best approach to this?
 

AllForHer

Well-Known Member
23 July 2014
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You need to get legal advice for this.

To determine a property settlement, the Court will basically ask four questions:
1. What's the value of the shared asset pool?
2. What were the financial and non-financial contributions of each party?
3. What are the future needs of each party?
4. Is the settlement just and equitable?

A cash asset like the one you've described is likely going to be lumped into the shared asset pool, whether he called it a gift or not. Except in very particular circumstances, no asset acquired during a marriage belongs exclusively to one partner and not the other.
 

Karen2018

Member
22 May 2018
2
0
1
You need to get legal advice for this.

To determine a property settlement, the Court will basically ask four questions:
1. What's the value of the shared asset pool?
2. What were the financial and non-financial contributions of each party?
3. What are the future needs of each party?
4. Is the settlement just and equitable?

A cash asset like the one you've described is likely going to be lumped into the shared asset pool, whether he called it a gift or not. Except in very particular circumstances, no asset acquired during a marriage belongs exclusively to one partner and not the other.

Thanks for your response. Am I liable to pay tax on the amount?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
I'm not sure, sorry, taxation law isn't my field of expertise. You could call the ATO and ask, though.