NSW Property Settlement - Divorce?

[suemoff]

Starting the process of divorce after 16 years of marriage. When I met my husband I had my own house, with a mortgage of $65k. We sold the house for $350k over the years we bought and sold 2 houses together. We built a house together which I now live in with a mortgage of $350k. Was wondering what % he is entitled to (property settlement) seeing my original house funded the majority of the funds for our houses.
Hope this makes sense.

 

[rebeccag]

G'day Sue,
Nobody can tell you what percentage you're entitled to - you can either agree on a fair property settlement, or have the court decide (which would be out of your hands). A family lawyer would be able to advise you on possible figures.

Check out these LawAnswers Family Law Forum posts:

• “Divorce. Will assets be split 50:50 & should my ex husband cover more?”.
• "Property Settlement if I Got a Divorce".

There are a number of factors that are considered in a property settlement (see the Family Law Courts "Property and Money Matters" page and "Financial cases" page). You may wish to engage a family lawyer to assist you if you and your (ex) husband can't come to a fair agreement between you both.