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QLD Property Settlement Dispute - What am I Entitled to Under Family Law?

Discussion in 'Family Law Forum' started by Krystal moyle, 8 November 2015.

  1. Krystal moyle

    Krystal moyle Member

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    If my now ex partner of 7 years, father to my 3 children, is the owner to half of a house with his brother that has also just split with his wife and 1 child, and is going to family court for a dispute of her share of the house as property settlement even though she had made no contribution to it, am I also legally entitled to my share of my ex's half of the house under Family Law?

    Both parties have a share in the equity that is now held in the convanyancing trust.

    I have record of rental payment, whilst my then partner paid the home loan repayment as our investment? Either way I have interest in the property too .
     
  2. AllForHer

    AllForHer Well-Known Member

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    Just to clarify, has your former spouse been your former spouse for seven years, or was he your spouse for seven years? How long have you been separated? Did you ever live in the house?
     
  3. Krystal moyle

    Krystal moyle Member

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    Yes, we only just split, and we both occupied his property for two years, only to have his brother's girlfriend at the time become pregnant, therefore we moved and still kept half ownership of the property as an investment and verbally agreed to sell after a few years once she could go back to work and they could financially afford to buy us out. We continued to pay repayments until the house was sold just recently.
     
  4. AllForHer

    AllForHer Well-Known Member

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    So, I agree that you have an interest in the property since both you and your former spouse benefited from it in some way, and it therefore should be included as part of the joint asset pool when deciding on a property settlement between and your former spouse. Of course, only a portion of the property value should be taken into account, in conjunction with the portion that is owned by your former spouse's brother.

    A property settlement can be determined however you and your former spouse wish if you can reach agreement about it, but if you're unable to agree and ask the court to make a decision for you, it will follow a four-step process:
    1. What is the total value of the joint asset pool?
    2. What were the financial and non-financial contributions of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?
    The property would fall under the first category, being the joint asset pool, and your contribution as rent would call under the second category, being financial and non-financial contributions.

    Hope this helps.
     

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