In de facto property settlements under the Family Court Act 1997 (WA), the benefit of rent-free accommodation provided by one partner to the other may be taken into account in assessing the value of the non-owner's contributions to the property, particularly where the parties kept separate assets, the relationship was short, and the non-owner had no alternative residence. The assessment of contributions is a qualitative judgment, not a dollar-for-dollar accounting exercise, and post-separation drawdowns on a mortgage for ordinary living and family expenses will not ordinarily be added back as notional property.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.