A $150,000 pool, a gambling problem, and who keeps the dog
- Together
- 4 to 5 years, de facto
- Children
- None
- Net pool
- About $152,000
- Split
- 82% her / 18% him

Ms Barrese and Mr Arrico began their relationship in 2009, when they were around 19 and 20, and later lived together for a short relationship of four to five years. In about 2015 she bought a block of land in her own name, using $60,000 of her savings, the first home buyer's grant and a mortgage. His father's company built the house at cost. They separated in October 2019 and the home sold for about $500,000. After the mortgage and some repayments to his father, $146,826 was held in trust.
He asked for half. She asked for all of it, and wanted $141,700 he had spent on online gambling, plus $55,000 in cash withdrawals, added back to the pool.
Judge Boymal found a net pool of $151,822, not counting super. The judge refused the add-backs because no exact sum could be identified. The judge found that she had paid the mortgage, the rates and most of the living costs, done most of the homemaking, and that her parents had housed the couple rent-free for two to three years. His family's work on the house counted for him, and she accepted that his father's forgone profit matched her deposit. On contributions alone, the judge assessed the split at 70% to her and 30% to him.
The judge then moved a further 12% to her, finding his excessive gambling was reckless and that damage he did to the house had cost money to repair. That figure already allowed something to him for his lower income. The result was 82% to her, about $124,500, and 18% to him, about $27,300, including a car valued at $12,000. Each kept their own super.
The dog was treated as property but left out of the pool. Because she was the registered owner and had paid for and cared for him since separation, she kept the dog.
In a short relationship with a small pool, the court looks closely at who actually paid for the home and the household. Money one partner gambles away may not be added back dollar for dollar, but it can still shift the split.
This case was decided before 10 June 2025. Amendments to the Family Law Act 1975 (Cth) from that date made wastage and the economic effect of family violence express factors in property cases and added specific factors for deciding who keeps a companion animal, such as a family dog.
A published decision of the Federal Circuit and Family Court of Australia (Division 2), retold in plain English. Lawcaptain did not act in this case. Every outcome depends on its own facts. General information about Australian family law, not legal advice about your situation.
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