How is property spilt in a divorce?

Question

My mum wants to get rid of her husband, but she won't because she is scared she will loose the house.

I want her to get rid of him before they retire and she has no possible way of paying him off and she'll be stuck with him.  

She originally bought the property herself 30 years ago, even before she met her 1st husband (dad) and they build a new house on the property. When she divorced dad she got the house (she got the kids and the house and dad was paid $50,000 - house was worth about 450,000 at the time) 

She is a low income earner and has never had full time work, but has (and still does) worked part time. The only thing she had before the marrage was the house (no savings or investments)

She has been re-married for about 7 years. He lives in her house. He didn't have any property when they met but he had some cash and he helped her pay off the $50,000 mortgage mum had taken out to pay off dad.

The house is worth about a million dollars, due to property price increases over the last 30 years - not cause she paid that much for it!!! 

In her will, only 25% of the house goes to him (the other 75% = 25% each for each of mums 3 kids) 

He has a high paying job but he doesn't share his money with her, he keeps it and gives a weekly amount to the housekeeping. 

He has a lot of superannuation, she would have comparatively very little.  

Thats about all the details i can think of... other than my brother and sister - both in their 20's, also still live in the house.  

How do you think it would turn out and why?

Is it just as simple as they are married so everything is split 50/50? Do you have to fight it out in court to have the extenuating cercumstances - like that she owned the house for 4 times longer than the marrage lasted... and that they he doesn't share his wage with her- taken into account? the fact that she put in everything she had (the house) and he didn't even share his money!!! 

or is it standard procedure to evaluate these things? how does it work in AUSTRALIA?

Fly on the Wall · Accepted Answer

It depends on the laws where you live.  Normally, in the States, if you already owned property before a marriage, it would still belong to you provided the new spouse had not put any money into it.   If  the new spouse has, however, helped to pay for it, then the new spouse has a stake in it.  The law would then decide how it should be split.

Since Australia also follows English Common Law, as in the States, I would assume the same is true there.  Best thing to do is for your mom to make an appt with an attorney.  He/she can advise her in a matter of minutes.

Anonymous · Answer

I was ready to answer your questions until i got to your very last sentence and found out you were living in Australia. wonder do you know that Y/A has an international section where you can choose to be communicating with other Australians.  It's at the bottom of this page, where all the international flags are. Just click on the country you're in.

McDaniel · Answer

The best way Is to sell It and split the money 50/50. Or If there were kid's involved I would let her keep the property. Wouldn't want my babies homeless but that's just me.

Christie Brucks · Answer

see australia might be different. i would suggest your mom consult an attorney and ask what she can expect.

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How is property spilt in a divorce?

4 Answers