QLD Property not under my name

[Lost trust]

Hello,
My husband and I have been separated for a month and he has now moved (sleeping) to his parents' place but occasionally coming home to get clothes etc. The current principal home (townhouse) is under my husband's name as he have purchased it just before we got married. All bills are under his sole name except home contents insurance.

We've never had a joint bank account and I have been paying him $500 per fortnight to his offset account as a contribution towards our living expenses since we're married.

Last year, we were planning to buy a bigger house and was going to turn the townhouse into an investment property so the banker have advised us not to pay off the principle home and should switch the mortgage to interest only. (which my husband never switched)Since then I have stopped paying the $500 and have agreed to pay a lump sum of whatever I've missed plus more towards our future house.

I'm thinking of start paying him the $500 per fortnight again until the house is sold. Does it make any difference to my share of the house upon property settlement if I pay or not pay the $500? Should I also back pay him asap the lump sum of what I've missed?

I also need to buy a car now as my old car has just been written off. Is it more beneficial for me to put it on a car loan or pay with cash?

Many Thanks.

 

[Sarah J]

Hi Lost trust,

Whilst your name is not on the property (i.e. you are not a legal owner), any financial or other contribution you made to the house should be considered (e.g. did you pay for any renovations or mortgage instalments?) The property as well as what each party has contributed up to now will be considered and form part of the "shared pool".

As far as I believe, it makes little difference whether you pay him the lump sum now or not. If you do, your "contribution" will be higher, meaning, you may get a higher portion of the shared assets. If you don't, your contribution is lower. In the end, you either agree on a property settlement or, if the court decides, the court will aim for a fair and just settlement based on contributions (financial, non-monetary, future income capacity, children etc.)

If you want to learn more about property settlements, there are many forums and resources available, I suggest you start with:

• Property and money after separation (Family Law Courts)
• If you agree about property and money (Family Law Courts)
• If you don't agree about property and money (Family Law Courts)
• Financial cases (Family Law Courts)
• Property settlement - any tips (another thread question)
• Type in "property settlement" in the search up the top and you'll find many more results and responses on this topic

As for the car, I again see little difference. This is more a finance question. If you purchase it with cash, know that this cash may come from the "shared pool" so your husband may have an interest in the car (i.e. your final share may be deducted for the cost of the car paid). If you loan it, then presumably you will have contributed less toward the car at the time of settlement so the deduction from your final share will be less (for the amount already paid) however, you will still need to find money to pay the remaining purchase price + interest. Which is why I say it makes little difference and is really what you can afford to do.