Article by Manny Wood published in the Coffs Coast News Of The Area on 8 November 2024.
Harry and Wendy have been married for 7 years before separating. They are unable to reach agreement regarding the division of their assets and the matter proceeds to determination as a “priority property pool case” in Court after Harry files an application and lodges a caveat over the matrimonial home.
Harry acknowledges that Wendy made all financial contributions to the acquisition of their assets but says he made non-financial contributions, including in the capacity of homemaker, and due to his future needs, asks the Court to award him 25% of the property pool, including their superannuation.
The Court hears that both parties had no significant assets at the commencement of their relationship, except for Wendy, who had a small amount of superannuation. Wendy purchased a home in her name shortly after their marriage, using $40,000 advanced to her by her parents, as a deposit.
Wendy provides evidence that during their relationship, she earned a much greater income than Harry and that it was her income that was used to pay the bulk of the household expenses.
The parties disagree as to whether the $40,000 advanced to Wendy by her parents was a “gift” or a “loan” but the Court, in any event, regards the funds advanced to Wendy as a contribution made on her behalf.
In determining whether it would be “just and equitable” to make an order in Harry’s favour, the Court observes that he made no payments towards the home loan and made no other financial contributions to the property. The Court further notes that the parties kept their financial affairs separate during the course of their relationship and that there was no evidence of any future plans to conduct their affairs jointly. The Court could only find evidence to establish “very limited” contributions by Harry to household expenses.
Ultimately, the Court finds that there is “no principled reason” to make any orders regarding the parties’ existing interests in property. The Court dismisses Harry’s application and orders the removal of the caveat, affirming Wendy’s sole ownership of the home and all of her other assets.
Email Manny Wood at manny@tblaw.net.au or call him on (02) 66 487 487. This fictional column is only accurate at today’s date and is not legal advice.
