BEASOM & PELLING

In the matter of *Beasom & Pelling*, Judge Burchardt of the Family Court of Australia considered a property dispute between parties who had been in a de facto relationship for two years. The wife sought the sale of their jointly owned home and the return of $158,000, which represented the proceeds of the sale of her pre-relationship property that she had contributed to the purchase of the new home, with any remaining surplus to be divided equally. The husband sought a 60/40 division in the wife's favour.

The central legal issue before the court was how to equitably divide the property of the parties, given the short duration of the relationship and the significant contribution made by the wife from her pre-relationship assets towards the acquisition of the matrimonial home. The court was required to determine whether the wife's claim for the return of her initial contribution, followed by an equal division of the balance, was just and equitable.

Judge Burchardt reasoned that it was clearly just and equitable to make the orders sought by the wife. The court ordered the sale of the real property, with the proceeds to be applied first to sale costs, then to discharge any mortgage or encumbrances. The remaining balance was to be paid to the wife to the extent of $158,000, with any further surplus to be divided equally between the parties. Pending the sale, the husband was granted sole occupation of the property and was ordered to meet mortgage instalments, rates, and taxes. The parties were also restrained from encumbering the property without mutual consent.