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 but a guide to assist you.
How is the maintenance calculated? If you do not have any money you are not liable for child support. If you are paying her, there is no requirement unless you have court order.
She can seek a share of the house under the Family Law Act as it applies the same to Married and defacto couples.
Because there are 2 children she will get something but I cannot say how much
The law will 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 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
The house can be sold but the money received will be held in trust after payment of the mortgage etc.
You cannot pass on dent to her as it is in your name and not hers.
If she is a borrower then she is also liable and the debt is half hers.
What you are asked for is disclosure. This is normal and you have the same right to ask form her.