ROY & YALDEN

In the matter of *Roy & Yalden*, the wife sought final property orders for a just and equitable distribution of property under s 79 of the *Family Law Act 1975* (Cth), while the husband opposed any alteration of the parties' respective property interests. The husband also asserted that monies advanced to him by his family and family companies constituted enforceable liabilities, and sought a declaration that real property solely owned by the wife was held on trust for both parties as tenants in common in unequal shares, based on his contributions during their de facto relationship.

The court was required to determine whether the purported loans to the husband were legally enforceable liabilities and whether the husband possessed an equitable interest in the real property solely owned by the wife.

The court found that the husband had an equitable interest in the real property owned by the wife, acknowledging his contributions during the de facto relationship. The court ultimately made orders for the distribution of property, declaring the wife as the sole owner of the Suburb C property in law and equity, and the husband as the sole owner of the D Street property in law and equity. The husband was ordered to pay the wife a sum of $121,191 within 60 days, with provision for the sale of the D Street property to satisfy this payment if necessary. Each party was declared the sole owner of their respective superannuation and other property in their possession, ownership, and control, and each was to be solely responsible for their own outstanding mortgages and liabilities.