3 COMMON MISCONCEPTIONS ABOUT PROPERTY ENTITLEMENTS
- 1. There is an automatic 50-50 split after a marriage ends.
Answer: No. The Court considers the contribution of each partner towards purchasing & improving assets as well as the needs of the partners, when deciding the percentage split.
- 2. If I leave I’ll lose my rights.
Answer: No. Each partner during a marriage earns a share of the property & does not lose it if it is no longer possible to remain in the house eg for safety reasons.
- 3. I owned it before we got married so it’s mine.
Answer: This depends on the length of the relationship. In a marriage that has lasted for, say, less than 5 years the original owner is more likely to keep that asset. The longer the marriage the less important pre-marriage ownership is.