Property Division Matter
The client is separated from her partner and is currently living in temporary accommodation in Western Australia with her two daughters, one of whom has special needs. Her partner owns a house in another location solely in his name. The client is seeking information on whether she can claim an interest in the house, despite uncertainty about any joint financial agreements or contributions to the property. This situation pertains to property division under family law in the context of separation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I claim a share of the house even though it is in my partner's name?
In Australia, you may be able to claim a share of the property even if it is solely in your partner's name. The courts consider various factors in determining financial settlements upon separation, including contributions made by each party during the relationship. This can include financial contributions or non-financial contributions such as homemaking or caring for children. The court aims to achieve a fair settlement that considers the circumstances of both parties and any children involved. It is advisable to seek legal advice specific to your situation to explore your options further.
What factors will the court consider when determining the division of property between us?
The court will consider a range of factors when determining property division, including the length of the relationship, contributions made by each party, future financial needs, and the welfare of any children involved. Contributions can include homemaking and childcare as well as financial input. The court seeks a fair arrangement and may not necessarily divide assets equally, especially considering the needs of children in particular situations.
How does having a child with special needs affect the settlement process in terms of housing and financial support?
Having a child with special needs can significantly affect the settlement process, especially regarding housing and financial support. The court prioritizes the welfare of children, particularly those who require additional support. This may lead to a consideration for a larger share of the marital assets to ensure the child's stability and well-being. The court may also require increased financial support to meet the child's specific needs, factoring in accommodation requirements and any specialized care or equipment.
What financial records or documents should I gather to support my claim for a share of the house?
To support your claim for a share of the house, it is important to collect as much financial documentation as possible. This may include evidence of any financial contributions you made towards household expenses, improvements to the property, or other relevant financial documents that demonstrate your involvement in shared financial responsibilities throughout the relationship.
What is the process for applying for spousal maintenance or child support in my situation?
To apply for spousal maintenance or child support in your situation, a formal application must be submitted to the relevant family court. For spousal maintenance, it must be demonstrated that you are unable to support yourself. For child support, you would need to contact the Child Support Agency for an assessment based on the income and circumstances of both parents. Given that you have a child with special needs, you may be eligible for additional financial support.
