VIC Leaving the Family Home - Property Settlement?

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Julie Harris

30 July 2014
I've been separated from my ex partner for over 12 months and we were together for 10 years.I'm not on the house title if I leave to move into a rental property will that affect my chances of getting a percentage of the homes value once it's sold?


Well-Known Member
8 April 2014
G'day Julie,
Were you married or de facto? Have you already applied for a divorce / property settlement?
Have a look at this LawAnswers Family Law Forum post "Adult Maintenance - Property Settlement" for links to the relevant Family Law Courts pages. You'll see that a number of factors are taken into account to come to a fair settlement in financial disputes under the Family Law Act:
  • working out what you've got and what you owe; that is, your assets (including superannuation) and debts and what they are worth
  • looking at the direct and indirect financial contributions to the marriage/de facto relationship, such as wage and salary earnings
  • looking at indirect financial contributions such as gifts and inheritance from families
  • looking at the non-financial contributions to the marriage/de facto relationship such as caring for children and homemaking
  • factors such as standard of living during the marriage/de facto relationship and the length of the marriage/de facto relationship
  • future requirements, including things like age, health
  • future resources, including financial resources, care of children and ability to earn, child support which is being or is likely to be paid, the financial situation of someone with whom you are now cohabiting, any legal obligation to support other people in the household.
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