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Family Law FAQ’s

What’s actually counted as an asset in a property settlement?

More than most people expect. The asset pool includes the family home, regardless of whose name is on the title, superannuation for both parties, joint and individual bank accounts, vehicles, shares and investments, business interests, and even inheritances received during the relationship in some circumstances. Debts and liabilities count too, they’re factored into the overall picture, not ignored.

A common mistake people make is assuming that if something is only in their ex’s name, it’s automatically excluded from the settlement, or that if something is only in their own name, it’s automatically safe. Neither assumption is correct. The Court looks at the full asset pool of the relationship, not just what’s on paper in whose name.

This is exactly why it’s worth getting advice before agreeing to anything, particularly if you suspect assets are being hidden, undervalued, or quietly moved. We know how to identify what should be on the table and make sure it actually gets there. See our Property Settlement page for a full breakdown of how contributions and future needs affect the final split.

Book a free appointment with Melanie.

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