Australia's #1 for Law

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

WA Home Loans, Property Settlement and Divorce - Pay Out Ex?

Discussion in 'Family Law Forum' started by Sarah43, 11 September 2015.

  1. Sarah43

    Sarah43 Member

    11 September 2015
    Likes Received:
    I'm needing some help on a situation with my ex husband. We were divorced 5 years ago and at the time we owned our home and a third share of my family home (with my brother and sister owning the other two thirds). To keep from my family home from being dragged into our divorce and property settlement, I agreed to keeping my family home and signed over our house to him. There was an $80000 home loan on my family home in his name.

    I was in no financial position to pay this out and never really thought I should have to but for the past 5 years I have made the loan payments to him to save drama. He earns more than twice what I earn and has a new fiancée and a very expensive house. I have been renting since we divorced and in January this year finally bought a house with a friend as she wanted to invest and knew I couldn't do it by myself.

    My ex now wants all of the money paid back. I have discussed in the past how I can't do it. I sought legal advice a while back and was told as it is in his name I, don't actually have to pay him a cent and should be getting child support from him. I have our two children 4 nights a week. I pay for half of everything.

    Can someone please help with some information?

    Thank you.
  2. Michael T

    Michael T Well-Known Member

    9 April 2014
    Likes Received:
    If you received legal advice on this issue in the past, why not contact the lawyer again to reconfirm? And perhaps come to an agreement with him in relation to child support - as it should be in the best interests of the child. You might find the following informative:
    1. Property Settlement After Separation - Agree Now, Don't Pay Later - Legal Blog -
    2. Child Support – Key Things You Should Know - Legal Blog -
    3. Family Law Mediation - Have You Considered It? - Legal Blog -
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page