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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5420
Experience:  Dip Law LPAB - Sydney based lawyer
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My wife and myself have been separated years but living in

Customer Question

My wife and myself have been separated for 2 years but living in the same house I am thinking of moving out, will I lose any of my rights on the house.
I pay the mortgage and all the finances.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello and thank you for your question.

Moving out should not affect your property rights in the short and medium term and even in the long run the only difference is likely to be that your wife may be assumed to have contributed more to maintenance if she is living there and you are not, but unless you plan on leaving her there for years before resolving your property issues this is really irrelevant.

Under Australian law upon divorce each party is essentially entitled to a fair share of the combined asset pool having regard to their contributions and then adjusting for various special considerations, such as where one party will have the care of children or has health issues affecting their ability to support themselves. Whilst only a fully briefed lawyer can advise you as to how a court would decide your issue, it is most unlikely any significant impact will arise simply because you choose to move out.

I trust the above assists.

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