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WA Fair Share Split for Property Settlement After Separation?

Discussion in 'Family Law Forum' started by Gabriel Cormack, 22 May 2015.

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  1. Gabriel Cormack

    22 May 2015
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    Hi. I have just recently split up with my partner of nearly 4 years (6weeks ago) I'm not sure if I'm getting the raw end of the stick ( separation).

    We have built two houses while together, one built for $237,000 (now worth $280-300k) and one built for $357,000 (now worth $580-600k)

    Using my name, I built the first house and using her name she built the second with a lot of my input, I also wired the house completely with a top of the range communications package worth around the $5-7k range. I was charged only $800 for the materials.

    My home is tenanted so I have been left out of a home. She is taking her house, all the furniture and businesses and leaving me with almost nothing to go on.

    I have been on the verge of mental break down because of our break up and that she is already sleeping with someone else that I have consequently lost my job. During our time together, we both worked on her business ideas and I helped with implementing them into action, we accumulated around $30,000 worth of assets together.

    While living in the first house, I made the mortgage repayments and she saved up her deposit for the second house.

    Can anyone offer help for a fair property settlement?

    My mind is such a mess with all this going on.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    It's impossible to determine what might be fair for a former couple's property settlement from a third party perspective.

    However, to give you an idea of how the court would decide, this is the process they follow:
    1. What's the total value of the joint asset pool?
    2. What was the financial and non-financial contribution of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?

    So you could follow that process yourself to determine a fair property settlement.

    What you've described above constitutes a lot of non-financial contributions, which are equally as valuable as financial contributions. Bear in mind that the rental income from your tenant will also form part of the joint asset pool.

    For de facto relationships that are relatively brief, as well, the court tends to help each party retain their original assets.
    Sophea likes this.

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