Australia Law

Ask an Australia Law Question, Get an Answer ASAP!

My daughter is lvingf de facto. She wants to end the relationship

Answered by:Sydney-Lawyer
Solicitor
Positive Feedback: 96.1 %
Accepted Answers: 16592

in Australia Law

Recent Feedback

Positive

All good thanks

Customer Question

My daughter is lvingf de facto. She wants to end the relationship and has asked him to go. He refuses to leave. My daughter purchased the house several years before this relationship and it is in her name. How should she proceed? Many thanks

Optional Information:
State/Territory: WA

Already Tried:
nothing - getting information

Submitted: 275 days and 20 hours ago.

Category: Australia Law

Value: AU$84

Status: CLOSED

Expert: Sydney-Lawyer replied 275 days and 19 hours ago.

Good Afternoon,

How long have they been together?

Customer replied 275 days and 19 hours ago.

about 6 years - they have a child together now aged 11 months

thanks

Expert: Sydney-Lawyer replied 275 days and 18 hours ago.

Good Afternoon,

If he refuses to leave, as the house is in her name she has the right to change the locks and lock him out.

Her rights to the house are affected because of the length of the relationship and he can make a claim for a share through the courts.

If she fears for her safety and the child safety she can also apply for an intervention order and request that he not be permitted to reside in the house. This will result in him having to leave.

Otherwise it is very difficult to get him out if he refuses to leave.

I hope this is of assistance. If you have any further queries please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 275 days and 18 hours ago.

Mu daughter has suggested that she leave but I am concerned if she does this she might lose rights to the house?

thanks - will rate your answer as OK

Accepted Answer

Expert: Sydney-Lawyer replied 275 days and 18 hours ago.

Good Afternoon,

As the relationship is over I would suggest that she consider finalising the property between them as quickly as possible.

Her leaving the house will not impact on her rights, unless she delays in any property settlement and he can establish that from the date of separation he has made major contributions and improvements to the house and is entitled to more.

Because there is a child that is under the age of 18, and I will assume that the child will live with your daughter the court will make an adjustment in her favour. She will be entitled to the majority of the assets of the relationship.

Things that are in her favour include:

she owned the property prior to the relationship, I assume she was making regular financial contributions towards any mortgage, she is also made non-financial contributions as homemaker and parent.

I cannot tell you what percentage she would be entitled to as it is not possible until there is full disclosure of all assets and liabilities of the relationship jointly and individually, looking at each party's capacity to work, income disparities and responsibilities to children.

It is not a fixed percentage based on years in the relationship.

But to answer your question about her losing her rights, the answer is she won't provide she tries to finalise the property as quickly as possible. By this I mean not waiting years before she does anything.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

Expert Type	Solicitor
Category:	Australia Law
Pos. Feedback:	96.1 %
Accepts:	16592
Answered:	7/4/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Ask this Expert a Question >

3 Solicitors are Online Right Now

Australia Law Questions	Date Submitted
Hello Australian Law 1. Offer was made on my property.	3/13/2013
RA-100	2/28/2013
Hi, I joined a company this year and upon joining, I had	2/19/2013
I read instruction of Just answer, so now I know what can I	1/31/2013
The question below was asked on the 12/27/2012 and a deposit	1/9/2013
Right to Work..My partner (M) runs weekly markets on behalf	12/6/2012
-The bank (lender) delayed the 1st progress payment because	10/29/2012
Hi, I have bought a brand new van from an authorised wolkswagen	10/23/2012
My situation is different as my husband is on permanent disability	10/23/2012
I am a family law attorney practicing law in Dallas County,	10/10/2012