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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42348
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Are you in Australia or another country? Ok. It might still

Customer Question

JA: Hi. How can we be of help?
Customer: Are you in Australia or another country?
JA: No, I am an American.
Customer: Ok. It might still apply..
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: My ex wife has been living in the former marital home since we separated 3 1/2 years ago. I moved into a rental because I was on a higher income at the time. There are mortgages on the former marital home in my name. Ive been paying rent and the mortgages. Can I claim anything from her?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Im in South Australia, so you might not know the laws here in Australia?
JA: Have you talked to a lawyer yet?
Customer: Yes. She thinks there is a case law precedent.
JA: What advice did they give you?
Customer: That I should be able to force her to pay the equivalent of the interest Ive paid.
JA: Anything else you think the lawyer should know?
Customer: Or 'foregone rent', if the house was rented out.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Customer: Ok. Thanks.
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 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.

The law applies the following 4 steps.

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

Provided you have not already divorced you can claim and all contributions you have made since the separation are attributed to you.

You would be seeking that the house be sold and the monies split after the mortgage.

It is not just the house it is all assets.

I cannot give you any percentages it is not that simple. But you would get a share.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.