Family Home

Keeping The Family Home

The Backstory

Our client, the Husband, was a father of four children from a previous relationship. After their marriage, our client moved into the Wife’s home.

The Wife was paid weekly by the Husband for the purposes of maintenance of the home and renovations.  The Husband’s assumption was that the funds were being paid towards the mortgage as per a verbal agreement between the parties.

The Wife owned the home at the commencement of the relationship.  The Wife told the husband that if anything happened between them that he would be entitled to 1/3 of the property.

With the expert assistance of Brazel Moore Lawyers, the Husband discovered that the Wife only held ownership of 1/100th share of the property and the balance was owned by a family member.

Contributing Issues

  • The property not being fully owned by the Wife.
  • The Husband deposes to have been verbally abused by the wife for the last 3 years of the relationship.
  • The Wife has made false allegations against the husband and his family, and this has impacted his relationship with his own children.

How Could We Help

We acted on behalf of the Husband to file an Initiating Application in the Court for Financial Orders to be made in relation to the property.  We sought Orders that the Wife be restrained from drawing funds from the mortgage redraw facility or selling the property. We also sought that the Husband receive payment of 50% of the equity in the parties’ property pool.

The Outcome

Brazel Moore Family Lawyers successfully negotiated a settlement of this matter without the need to proceed through the expensive Court system. Our team of family Lawyers secured a cash payment to the Husband to allow him to move on with his life and ensured his financial security.

If you need help with your property matters, Family Law Gosford have the experience and knowledge to guide you through the complex Family Law system.  Call Amelia Cox now on 4324 7699.


On 20th November 2023, our office will relocate to Suites 5 & 6, Fountain Plaza, 148-158 Central Coast Highway, Erina.

Our telephone number, email address & website willl remain unchanged.

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