SA Separation - Who Pays Contents Insurance and Council Rates?

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Simon1

Member
12 February 2019
4
0
1
South australia
Hi,

Currently going through a separation. The ex has moved out and we share 2 children 50/50 custody of children. I'm currently paying 100% of mortgage and utilities.

Question 1, is she responsible for half the council rates? I'm effectively renting her half of the property off of her by paying full mortgage repayments. When you're the owner of a rental you pay the rates.

Question 2, should she be paying half the house and contents insurance? We still have joint assets in the house and shed.

Thanks
 

Atticus

Well-Known Member
6 February 2019
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259
2,394
Your ex will have to pay for 100% of her new place, which must also be able to accommodate the kids when she has them. As you now are the sole occupant of the former matrimonial house, you should be paying at a minimum, whatever the accepted rental would be for that place.

You should be paying 50% each for council/Water rates. Utilities like gas and elec you should be paying yourself as of the date of separation. If you can agree on a house insurance policy, then again 50% each, and same for contents if they are joint.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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2,894
Not sure what the property laws are in SA. There is no hard and fast rule when it comes to Commonwealth Family Law.

Generally it is what each party is willing to do.
 
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Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Suggestion.... Just pay it.
Invest now in looking like the sensible/ reasonable/ mature/ non-malicious guy later.

Further suggestion... Keep good records, and have your lawyer and accountant
factor it into the value of the property settlement.
 

Simon1

Member
12 February 2019
4
0
1
South australia
Thanks members for the replies. The ex has verbally told me her lawyer said she doesn't have to pay specifically the rates. I asked her yesterday for that in writing. Didn't get a response.
 

Simon1

Member
12 February 2019
4
0
1
South australia
Suggestion.... Just pay it.
Invest now in looking like the sensible/ reasonable/ mature/ non-malicious guy later.

Further suggestion... Keep good records, and have your lawyer and accountant
factor it into the value of the property settlement.

Your recommendation may have to be the way... She is quite stubborn

Thanks
 

Simon1

Member
12 February 2019
4
0
1
South australia
Your ex will have to pay for 100% of her new place, which must also be able to accommodate the kids when she has them. As you now are the sole occupant of the former matrimonial house, you should be paying at a minimum, whatever the accepted rental would be for that place.

You should be paying 50% each for council/Water rates. Utilities like gas and elec you should be paying yourself as of the date of separation. If you can agree on a house insurance policy, then again 50% each, and same for contents if they are joint.

Although I am far from an expert, what you have said is how I thought it should play out.

Thanks.
 

sammy01

Well-Known Member
27 September 2015
4,882
691
2,894
Look big picture as others have said. If you push the argument and she changes her mind about 50/50 access, you'll be spending more than the cost of rates fighting it in court. So do you want to keep the house and have the title transferred into your name? If yes, then suck it up because that will be your future.

If not - get a for sale sign placed on it... Ask the ex which real estate agent she'd like to use and get going on getting the thing on the market.

NB - you have 50/50 shared care of the kids. Do nothing to risk that, not until you've got 6-12 mths history of shared care being the norm... small sacrifice to avoid a protracted battle over child access.