1 Comments Family & de facto law, financial agreements, consent orders
To remove your husband from the real property title would be by agreement (which is unlikely) or through a formal property settlement. Your greater contributions to the mortgage post-separation will be taken into account. In family law property settlement there are many factors that are considered to determine the division of property. Amongst the factors are: 1. Financial contributions made directly or indirectly (e.g. by your parents) to the acquisition, conservation or improvement of any property. 2. Non-financial contributions made directly or indirectly to acquisition, conservation or improvement of any property. 3. Contributions to the welfare of the family, including home-maker contributions. 4. The future needs of each of the parties, including employment, income, health issues, caring for children etc. There are various other factors which need to be considered as well. At a basic level, if one party's contributions have been greater these will be considered and an adjustment could be made in that party's favour. If one party's future needs are greater, the future needs will be considered and an adjustment could be made in that party's favour. The circumstance of each party and person will be looked at and considered to determine what is a just and equitable property settlement. It seems like you would benefit from speaking to a family lawyer like us. This information does not constitute legal advice and you should speak to a family lawyer.