Because of the length of the marriage, and assuming your financial resources are equal and your children are over the age of 18 the law as it currently stands would give you 50% of all assets of the marriage whether they are in joint names or in individual names.

He cannot walk away with the house and give you nothing. If the matter was to go to court the Court would give you 50%.

If there was a disparity in income, your ability to work was less than his and you had children under the age of 18 then the court would make an adjustment in your favour and give you more than 50% of the total assets.

I cannot tell you any more than this. The law applies the following 4 steps when splitting property.

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your spouse made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

If these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses

You really should be speaking to a solicitor other practices in family law and providing him with full details of all the assets of the marriage and debts. They will then be able to advise you more regarding what your share would be.

I hope this is of assistance. If you have any further queries please not hesitate to contact me.

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