Hi there. When a couple separates, it will be necessary to determine how their assets and debts are divided. This includes the proceeds from the sale of any property owned by both parties. You are free to negotiate this division of property directly with your spouse and try to reach an agreement without involving the courts. However, if you want to obtain a legally binding agreement or you are unable to negotiate an agreement with your spouse, you can seek assistance from the courts.

It is not clear why you think your partner is entitled to 75 per cent of the proceeds of sale. This figure may be accurate if it was reached by mutual agreement between the both of you, otherwise it may not necessarily reflect what a court would decide. There is no standard formula that a court will use in deciding how to divide a couple's property. The court will consider all of the relevant facts that are unique to the couple's case, paying particular attention to the contributions made by each spouse, including:

(a) direct financial contributions of each party (e.g. wages, mortgage repayments) and indirect financial contributions (e.g. gifts, inheritance from relatives);
(b) non-financial contributions of each party to the marriage (e.g. caring for children and homemaking); and
(c) the future requirements of each party based on health, age, caring for children and capacity to earn a wage.

The court will then divide the property based on what is just and equitable in all the circumstances.

Suggested way forward

It is difficult to predict exactly how property will be divided in the event of a separation or divorce. Speaking to a family lawyer will help you understand your legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.