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Divorce after 3 year marriage - property disposal?

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Divorce and Property Disposal

Hi, my spouse and I have decided to call it quits on our mariage of just over three years. We've been seperated for a few months now and have decided to wrap it up for good. I'm just a bit worried about the way the asset split might go though. We have'nt really sat down to talk about that yet as we have'nt been on good speaking terms the past few months. But anyway, when we got married, I basically already had a house which I had half paid off, plus a car and most of the furniture and applicances in the house. She brought no assets into the marriage at the start, but later on she bought a car and a few house-hold items, computer etc, with her own money. Over the three years since our marriage we have both worked, but my earnings were significantly higher than hers and so I made all the mortgage repayments and paid for all the utilities, rates etc. Plus I also painted the house, and built a back verandah out the back and laid the lawn and planted and tended the garden etc, all with my own money. She basically paid for food and did alot of the cleaning in the house and the cooking etc, but I still did some of this too, plus most of the general maintenance on the property. Most of her earnings while we were married went into buying herself a car.

The only thing I'm really concerned about in all this is my house. Would I be able to walk away from the marriage with my house that I've 100% funded since before we were even married? Would my spouse be able to make any claim on the property?
Hi Daveyboy.

Not an uncommon question. There are others better versed in these matters than me but to get you started  you should first know she can make a claim for anything and there could be more to consider than just walking away with your house. What the chances are of success depend on so many things that you could not get a definate answer. If a $olicitor tells you a definite answer, don't believe it.

Firstly I take it there are no children involved. Therefore speaking in very broad and general terms, and not taking into account every claim she could make, from what you have posted you would have a good arguement to retain what you came into the marriage with. 3 years is not considered a long time to have prior assets eroded. What you say about who did what and paid for what during the marriage is of less significance. What it really comes down to is cold hard facts and peices of paper. That is to say who paid for what and who owned what etc. Get every shred of documents, receipts, bank statements, did you have a valuation of the house, compile a list of all the significant items you owned etc. In such matters you really need to be like an accountant and if it comes to it all the courts want to know about are these facts. Also don't forget the super, insurance policies and your will.

"When there is no enemy within, the enemies outside can not hurt you"
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