hello I have a situation. I have been in a relationship with a woman for the past 12 months. I met her in a mining town where I was working and making very good $$ as I have a trade as a plumber. I had worked very hard for 3-4 years to land the job. I met this girl 3months after my wife died. she owned a house back in the town that we both used as a home base when away from the mines. her house was falling apart she had a huge fig tree out the front that was causing damage to the structure or the house. also the tree had its roots snap the plumbing pipes to the house. it was causing sewerage to over flow everywhere and her house being on a hill in the suberbs with alot of reserdents close by. not to mention her renters complaning about the disgusting smells. she was crying to me to leave my job and go fix her house otherwise it would have cost her tens of thousands of dollars. I warned her that we would have to make this relationship serious and I dont want ta girl just to use me for my skills and trade and then flick me off. she said that she wouldnt do that to me. and proposed to me. my job was very fast paced and after losing my wife and found another girl that loved me, I quit my job and helped her out. I directed a digger to dig up all sewer mains to the house, uncovering and ripping up her front yard. then started the major job of re laying her new sewer drain for her house. connecting all fixtures to the house. then she started to show me her double garage that she had started to build into a granny flat. she had put up a wall inbetween and gib rocked it. she said it needed a shower, toilet, vanity and a kitchin sink on the other wall. as her feonce I helped her out yet again because i was trying to build something for US as a couple. she brought toilet, vanity, shower and kitchin sink, and i brought all the materals to plumb it in. no price difference. I finished the grannyflat and put my new fridge and washing machine down there and we rented it out for $200 a week. her getting all the $then she noticed that the front yard had been all dug up and looked messy.... so she sudgested a retaining wall. I drew up a design of a double leveled retaining wall to be built at the front of the property. as her house was on a steep hill this would maxamize her front yard, as it was unusable how it was. so every day after work I would come home and work on the retaining wall, I would work all my spear time as she would sit upstairs and watch tv and shop on her laptop. I would then come up at dark to cook dinner and get abused that the kitchen wasnt clean. i would then clean the kitchin too again too. while she was drinking her wine. In the end I have broken up with her, and she has tryed to charge me $8000 for rent and dinners/scoopon deals that she brought for us. and a ticket to bali. what do I do in this situation? do I charge her for work that I have done. can she make me pay her back?My dad was shocked and said what would your mother think if i gave her a bill for rent? he works in the mines also and flys her up to see him. and bill her for that too? hes telling me not to pay her but i want some legal advise
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If you have been in a defacto relationship for 2 years you should be entitled to claim under the Family Law Act in which case the court will apportion both parties assets according to what it regards XXXXX XXXXX having regard to both your contributions to the asset pool and the marriage, including non financial contributions, such as unpaid work of the sort you describe.
If you have not been living in a defacto relationship for 2 years, then you will likely be entitled to a "quantum meriut" claim which is latin for "the amount that is merited" or more plainly you should be entitled to receive fair value for what you have contributed to the value of her property. It may not be the same as what you would have charged if you were contracting, but it will still be significant given the amount of work you describe.
You should not be agreeing to pay her back rent except as part of a settlement which accounts for the work you have done.
Naturally, you will need to brief a lawyer fully to get precise answers as to your actual entitlements, but it appears you should have a good case to recover some significant money from her.
I trust the above assists.
Good luck and please click accept.
Dip Law LPAB - Sydney based lawyer
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