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WA Property Settlement - How Much is Husband Entitled to Mortgage Payments?

Discussion in 'Family Law Forum' started by BJF, 12 April 2015.

  1. BJF

    BJF Member

    12 April 2015
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    I (wife) have owned my house for 8 years. For the last 6 years my partner then husband (married 3 years ago) moved in and helped with payments. Was always 50 / 50 as we both worked full time. We are now separating. We have no joint children. Is he owed everything he put into the mortgage over 6 years after separation (property settlement)? So then essentially live rent free for past 6 years?

    Nothing has actually been paid off mortgage in all this time as we added on to the mortgage to buy things. The mortgage is now back to where it was 6 years ago. He feels he is owed half of all mortgage payments for the 6 years. (at least 50k) Which I will need to redraw and increase the mortgage to repay him, leaving me with a mortgage 50k higher.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    A property settlement, if it were done by the court, follows a four-step process that is a bit more multifaceted than just financial contributions, but first, when you marry, the court follows the assumption that you did so with the intention of sharing all resources forever. Thus, the home you purchased belongs to both of you.

    The four-step process is as follows:
    1. What's the total value of the asset pool?
    2. What was the financial and non-financial contribution of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?

    However, if you can reach an agreement, you can break the settlement down however you choose. Try and remember though that the mortgage - and the asset - is owned by both of you and the court might find you both contributed equally.
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