WE HAVE A HOME LOAN. AS IS NORMAL ITS IN 2 NAMES. MY WIFE…

She would have a claim against the house even though the financial contributions have not been equal.

The court in deciding such claims look at:

• financial contributions, such as property owned at the time of marriage, money contributed before or during the marriage, gifts and inheritances to one party, and efforts put into building up and running a business;
• non-financial contributions, such as work done on the property, and being the homemaker and parent; and
• future needs, which are determined by the age and health of the parties, their ability to support themselves, whether they are supporting other people (such as children or relatives), whether they are being supported themselves (such as a new partner or parents), and superannuation entitlements.

In many marriages the contributions of the homemaker are regarded as equal to the contributions of the income earner. This may not be the case where the marriage was short or the contributions of one party are large.

If of assistance please click ACCEPT. Happy to answer clarifying questions otherwise.

I agree with Mr Hunt's advice about property settlement.

If your Wife is abusing you, you could apply for an apprehended violence order and one of the conditions on that order can be that she vacate the property.

You can ask your Wife to leave the house, if she does not leave they you would have to make an application for sole use of the home.

I suggest that you go to see a solicitor to get advice about the likely percentage split of property and then you can make an offer to your Wife, about paying her, her entitlement to enable her to move out and either purchase alternative property or at least make arrangements to rent property.