by Cuttlefish310  11/11/2019  0 Page Views
2 Comments  Family & de facto law, financial agreements, consent orders

Hi folks, my 40-year-old son in NSW has had a partner of some 4-5 years (no engagement) and have lived in a mortgaged house together for at least 4 years minimum along with a $500,000 loan solely in his name! She is previously divorced with two little kids and her original husband vanished to the USA many years ago, he dropped off the grid and left her with tens of thousands in debts and she subsequently had to declare herself bankrupt!

They moved into the house, produced another child - 2 years of age - and have now split up due alcohol and general non-compatibility. She has a 6-month AVO out on him! Not a great scene! It may be a temporary split but it may be permanent!

He is paying her $100 a week for "his" child plus $200.00 a week for her car with that loan also being in his name as is the house. Being declared bankrupt has obviously negated her getting credit for anything. She is also claiming Single Mothers Allowance and rental assistance but is unemployed and living in a rental unit!

My queries are:

1.  Can she legally claim half of the mortgaged home and if so, would she have to contribute to the mortgage repayments? Could she demand the house be sold and take half of any profits, being very minimal!

2.  Does he have to contribute to the upkeep, education, health etc. of "her" two children due to their biological father having disappeared and his looking after them financially for the entire relationship.

3.  Could she also lay claim to his Superannuation and/or any other assets (very minimal) and all in his name like an old boat, motorbike etc.

Any advice much appreciated,

Ian