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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I'm going through a de facto separation situation at the

Customer Question

Hi. I'm going through a de facto separation situation at the moment where I can not get a clear answer on entitlements for investment properties. The relationship was 16 years long in which I brought a investment property into. It was bought 2 years prior to starting the relationship. A second investment property was bought 2 years after starting the relationship. Both are in my name and solely paid for and maintained by me for the entire time. She had made no contributions towards at all. There are no children involved at all and both of us worked steady jobs 95% of the time of the existence of the relationship. I would just like to know if she is entitled to anything of these 2 properties which she has not had a hand in in the slightest. There are other assets to divide like a house and cars which is not an issue at all. Any advice would be greatly appreciated.
Thank you,
Kerry
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

I cannot give you detailed advise only information

The steps that are applies by the courts is the same for defacto and married couples.

All assets and liabilities have to be included. If this is not the case then the orders can be overturned.

Anything that is in individual names and joint names has to be disclosed.

The split is based on the value of anything. What you keep and what is sold then is your choice unless the orders are specific to the property. You choose what those orders are to be in your application.

You have probably had the steps disclosed to you but here they are again

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 Husband 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

I hope that assists?

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