I rented it out once I moved in with him but have always paid ALL expenses for the property - mortgage, body corporate, water, etc, even whilst on maternity leave. His name is not on the title.
About 6months before getting married he was audited and ordered to pay $40k in tax back to the government. I stupidly agreed to refinance and take out a loan attached to my mortgage to cover this debt which left MY mortgage in both names and HIS debt in both our names under the proviso that his debt was my responsibility and my house was mine. I also stupidly got nothing in writing to this affect.
We’ve been separated over a year now and have both maintained these payment responsibilities albeit he’s negotiated his payments to the bare minimum due to financial hardship.
I desperately want to find a way to walk away with 100% of my apartment and for him to take on 100% of his debt.
Am I dreaming? Is he actually entitled to any of the equity in my property? Am I responsible for any of his debt? If so, what else is he or I entitled to from a financial settlement? I have savings, he has none. He has credit card debt. We both own our cars outright in our own names (his worth twice mine). He has more Super than I do last time I checked. He kept everything in the house when I left except our son’s cot & car seat but these household items are his only assets. I have 100% care of our son.
Any help would be appreciated.