WA Can I Expect a 50/50 Split of Property Settlement?

[Sharon123]

I've recently separated from my de facto and moved out of the family home with my kids to my mother's house. While caring for my kids, I've also worked on and off during their upbringing. The last 4 months, my ex de facto hasn't given me any money for food upkeep, etc for the kids and child support, but he has been paying the mortgage and most bills associated with the house.

We've been together for 25 years and in that time have rented two houses and purchased two houses. Our kids are nearly 12 years old. I intend to find full time work once my children have settled into high school.

I've been told that the house will be split 50/50. The thing is, he's name is on the title of the land and both our names are on the house. Will this affect the outcome of property settlement? Can I still rely that my kids and I are entitled to at least 50% of the property?

Even with a full time job, I can't afford even a 1x1 unit or apartment for my kids and myself.

I know he's not keen on selling and he doesn't seem to care that his kids will be living in a box while he's nice and comfortable in a beautiful 4x2 house. The kids are with me 90% of the time.

Thank you so much for your time. I hope you can answer my question.

 

[Rod]

Start working on what you want as far as a property split is concerned without worrying about whose name is on what. If you can't agree on a split a court will decide for both of you.

You have 2 years from date of separation in a de-facto situation to apply to a court for a property division.

 

[SamanthaJay]

With a 25-year-old de facto relationship, whose name is on what is irrelevant.

Firstly I'd be calling Child Support and let them sort that out for you. Legally, he has a financial obligation to his kids so call Child Support asap to get the ball rolling. Have you contacted Centrelink re Family Tax Benefit and any other financial support you might be entitled to such as rent assistance?

As the kids aren't even 12 years old yet, I think you should be looking at more than 50% of the financial pool.

If you don't have the confidence to work out a financial settlement with your ex, I would be going to see a solicitor. Some will accept payment once settlement takes place so maybe see if there is a Women's legal referral service in your state that may be able to offer you some advice or refer you.

 

[Shapely]

All property will be taken into the asset pool for splitting, regardless of whose name is on what, or whose bank account what came out of.

I would be very surprised with having the children you would only get 50% of the pool.

Also you could apply for spousal maintenance until settlement is complete (this generally motivates them to work the settlement through)

You definitely need to see a lawyer. Ring around and get one that will take their fee from the actual settlement.

 

[Sharon123]

Thank you so much for all of the information and taking the time to answer my questions , I will definitely follow up on all of your suggestions.