Hi,
I have just broken up with my partner of 6 years (same…

Question

Hi,
I have just broken up with my partner of 6 years (same sex relationship). I
moved in with him in June 2008, into his home in Beaumont Hills, Sydney. At the
time he paid his mortgage and his credit cards (he had 20k in cc debt at the
time). I paid for everything else including bills, holidays, food xmas presents
etc. He sold it two years later and made an 80k profit. He put that into the
home we built as a deposit (I actually think he only put 40 of it into that as
that was all that was needed). For the next two years we rented and shared the
house with his parents while they built as well. During this time I paid our
half of the rent and all bills while he paid the mortgage on the land. We moved
into our home last September. Again he pays the mortgage and I pay the bills and
living costs. 8 months ago he also got a very good job in real estate. In this
time he has earnt over 300k. He works as a company and contracts to his bosses.
He has told me that his lawyer has said that the law is that because he hasn't
yet invoiced his bosses for 250k of that money I'm entitled to none of it. I
need to know if this is right....my thoughts were that it is still money earnt
during the relationship. Our mortgage is 785k, finished the house would be
valued at around the 1.2m mark. At the moment it is unfinished, the driveway and
pool and turf are to be done. He is telling me that if we sell it we won't get
what the mortgage is worth and we would both come out with a debt. He has
offered me 20k to leave (I've also earnt over half a million dollars since the
relationship started). So he is telling me leave with a debt or leave with 20k.
At the moment I'm left with absolutely no money as I left my job 6 months ago to
start a business and he was supposed to be supporting me. So he is still
bringing home at least 10k a month while I'm struggling. I really need to know
my rights, and if he is right in that I can't have a claim to any money he
hasn't invoiced for. He has hired an expensive divorce lawyer while I have
nobody yet as I can't afford anyone. No idea what to do, if the 20k is all I'm
entitled to then ok....but I don't want to walk away from all I've put in if
legally I should get more. My credit cards also have 8k worth of carpet on it
and the whitegoods on another.

Leon · Accepted Answer

Good Evening

My name is Leon and I am a NSW Solicitor. Thank you for your question, and will
do my best to assist you with your question.

Do you have any other evidence of the amount he is owed apart from hims saying
he has not invoiced them?

Good Evening

How long ago did he sell the land?

How is he paying the mortgage?

The relationship is a medium term and the law and court apply 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 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

It includes everything and you would have a right to see all his financials as
it is a requirement that there is full disclosure.

Good Evening

The sale of the land and the proceeds will be taken into consideration in the
settlement because he had the benefit of the money.

There is a question in the application about the sale of assets recently.

Settlement is usually 6 weeks form the date of exchange unless he has agreed to
a delayed settlement.

If you have a copy of that agreement you can use this to show he is lying about
his income.

I hope this is of assistance.

Leon · Answer

Good Evening

How long ago did he sell the land?

How is he paying the mortgage?

The relationship is a medium term and the law and court apply 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 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

It includes everything and you would have a right to see all his financials as
it is a requirement that there is full disclosure.

Leon · Answer

Good Evening

The sale of the land and the proceeds will be taken into consideration in the
settlement because he had the benefit of the money.

There is a question in the application about the sale of assets recently.

Settlement is usually 6 weeks form the date of exchange unless he has agreed to
a delayed settlement.

If you have a copy of that agreement you can use this to show he is lying about
his income.

I hope this is of assistance.

Hi, I have just broken up with my partner of 6 years (same…

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