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NSW Possible to Recoup Some Expenses During Property Settlement?

Discussion in 'Family Law Forum' started by LizzyB, 28 September 2016.

  1. LizzyB

    LizzyB Member

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    Hi,

    My ex and I have been living under the same roof for the last year. I have paid all the mortgage payments and utilities. He has pay for our child's education and food. This was not a formal arrangement. Is there any way I can recoup some of my expenses during property settlement?

    Thanks.
     
  2. AllForHer

    AllForHer Well-Known Member

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    A property settlement is determined according to values and contributions at the date of settlement, rather than the date of separation. The Court asks four questions:

    1. What's the value of the shared asset pool?
    2. What are the financial and non-financial contributions for each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?

    The payments you've made on the mortgage during separation will therefore be considered a financial contribution, as will his coverage of other household expenses, like the child's education and food.

    Alternatively, a property settlement can be anything that the parties agree to, so if he agrees to a settlement that involves you 'recouping' some of the costs of the mortgage, then great.
     

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