WA Property Settlement - Is It Worth Pursuing?

[Ali Ruby]

I know there's a lot of variables so just looking for a general guideline to see if I should go down the route of pursuing a property settlement with my ex.

We were together 6 years and contributed roughly equally during this time with the exception of a property they inherited halfway through our relationship which we had planned to live in or remortgage for our own place. Their earning potential is a lot higher than mine. We have no children. Lived abroad for first four years, then WA the last two and I live in Vic now if that makes a difference.

Thanks.

 

[AllForHer]

It really comes down to cost and benefit. Legal fees can cost upwards of $50,000 each, so a property pool worth $150,000 quickly becomes a property pool worth $50,000. Halve that, minus the property transfer fees and pay off the debts, you might end up walking away with close to nothing, and you have to wonder, is it worth the emotional stress of court proceedings?

If you can reach agreement amicably, however, that's the best way to maximise the benefit of a property pool.

Speak with a lawyer for their insight. They'll be better able to assess your assets and likely outcomes.

 

[sammy01]

I'd talk to a solicitor...

One concern - 6 years is relatively short - no kids - earning capacity difference not that big a deal either. So back to the short relationship...in short relationships, each party takes out what they brought in... So I don't think you're entitled to half the inheritance

 

[Hayder Shkara]

You won't be entitled to half. If you ended up worse off than her, you could lodge a claim and potentially negotiate a settlement.

Inheritance's are treated differently than other marrital assets.