QLD 'Fair' Property Settlement if I have the Children?

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


Active Member
17 October 2014
Hi. My ex and I separated approx 6 years ago. We have 4 children together and I have had 2 more with my new partner. We built a house together with a deposit from his parents and extra funds to pay off credit card etc., totalling approx $80,000.

After the separation, I lived in the house for approx 5 years with the children, paid all expenses (mortgage, insurance, rates, renovations and repairs) which was a struggle as I was solely relying on govt benefits. My ex contributed nothing afterthe separation and even from the start before separation contributed the grand sum of $320 a fortnight which paid for his cigarettes. He didn't have a job and refused to get one. I did the all the housework and when I was working part time for the family business had to take the children with me as he would not get out of bed to look after them.

We are both wanting to sell and he wants 50% property settlement. He has told me that a lawyer told him that I would only get 20% as his parents gave us the $80,000. He pays no child support, and has never given me any money for the children.

I want to be fair so I can sleep at night, but is this fair?

If we split it 50/50, I would come out with about $100,000, which is better than nothing but I also know that he won't use any of his share to help with the cost of raising the kids (and the Child Support Agency has told me he won't have to, as he is still on the dole and not working), we struggle to make ends meet now and that's living frugally and not going anywhere.

It is the only asset that we have.

Thanks in advance!