NSW My mother paid off the mortgage after my parents seperated

[sane086]

Hi, I would like to know what my mother's entitlements are after paying off roughly 30% of the mortgage herself after her and my father divorced, while raising 2 kids without child support and on a pension, also paying rates and house insurance without my father making any contributions. Does this mean she is entitled to 30% more of the house? How does this work? This was almost 20 years ago.
Thanks in advance.
Shaun

 

[Rod]

Not enough detail to know.

Whose names are on the mortgage? Whose names are on the title? If held jointly, is it as tenants in common or as joint tenants?

Has property settlement ever been done by agreement of through the courts?

What property did the husband take after the separation?

How long did the husband live in the house?

How much did each contribute to the initial purchase?

At face value with no additional information, if the husband is on the title then it may be the payments made by your mother are irrelevant.

Suspect a lawyer needs to look at all the facts to give an opinion this area of law can get tricky.