LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Leaving Family Home After Separation - Will it Affect Property Settlement?

Discussion in 'Family Law Forum' started by RoseRutter, 29 August 2014.

  1. RoseRutter

    RoseRutter Member

    Joined:
    29 August 2014
    Messages:
    2
    Likes Received:
    0
    I have been separated for 6 months and am leaving the family home to rent somewhere. A financial settlement ( property settlement) has not been done. My name is on the deed to the property. Will this affect my settlement and am I still entitled to half of the property?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Dear RoseRutter,

    First of all, a couple only has to seek a court's intervention in its property settlement, if they are unable to decide on such matters themselves. Therefore there is really no such thing as what each person will be "entitled to".

    However, moving out of a jointly owned property or a property that is solely in your name, will not affect your entitlements as determined by a court. A court goes through the following process when determining a property settlement.

    The Family Court will apply the following four-step process:
    1. Identify and value the assets and liabilities of the parties.
    2. Assess the financial contributions and non-financial contributions made by each party and decide what percentage of the property each party should receive based on the contributions of both of the parties.
    3. Assess the future needs of each party and make any further adjustment to ensure the settlement will be fair and to make a clean break in the parties’ financial relationship (when practicable).
    4. Determine whether the resulting division is just and equitable.
    See the Family Law Courts "Property and money after separation" page.
     
  3. RoseRutter

    RoseRutter Member

    Joined:
    29 August 2014
    Messages:
    2
    Likes Received:
    0
    Thank you Sophea for your help.
    One more question, as I will be renting else where and paying my own utilities, do I have to contribute to my mortgage until the settlement is reached? My Ex-husband said he will keep the property payments going.
     
  4. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi RoseRutter,

    I would say that this is really what you and your husband agree to. If your husband agrees to pay the mortgage for the period that you are no longer staying in the house and if you agree to pay the rent at your new rental place, then this should not be a problem. You should have this agreement down in writing and signed by both parties and dated. If you do end up paying mortgage for the property, then it might be fair for you to consider claiming part of the rental price for the place where you're staying at now.
     

Share This Page

Loading...