NSW Separated for 23 Years - Property Settlement Between Parents?

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AllForHer

Well-Known Member
23 July 2014
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My apologies, Mary W is correct regarding enduring power of attorney.

Property settlements aren't formulaic, which is why I can't say for certain whether the other house would be considered in the property settlement or not. Having been separated for so long, it might not be, but since the husband has an interest in it, the wife might have an interest as well. An interest in an asset prevails in family law if a person intended to benefit from it in some way as part of the marriage.

For example, if she remained at home and kept house while he worked to save a big deposit for them, then he took said deposit when he left and put all of it toward the other house, she would likely have an interest in those funds used for the deposit because she originally intended to benefit from it, even if the new house is entirely in the new spouse's name.

For this reason, it's common for people to receive advice that they refrain from purchasing assets with a new spouse until a property settlement with a former spouse is finalised or out of time.

The payment of private health insurance is also a financial contribution, which more closely links her to the assets he has purchased with his new spouse. Had she not paid that, he would have had less funds to contribute to their other assets, so he continues to have an interest in her funds, and her in his.

Remember this isn't legal advice, it's just a rundown of how property settlement works in terms of legislation. It would be worthwhile organising a consultation with a lawyer to discuss your mum's specific circumstances, even if it's just one consultation to give you and idea of where your mother stands.