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Ask Leon Your Own Question

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38198
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I belived i was in a defacto relationship for 5 and half yrs,engaged

Customer Question

I belived i was in a defacto relationship for 5 and half yrs,engaged to be married,and under impression house was building was ours,Paid rent and bills over this period myself then to find out,Having afair for yrs,now house is built with her in it,am i entilted to anything.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon,

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.


Were you living together during these 5 years?

How long ago did you separate?
Customer: replied 1 year ago.


He was living with me for 3to4days aweek.


Xmas it all happened and lead me to belive that we would work it out,Just stopped seeing him now,

Expert:  Leon replied 1 year ago.
Good Afternoon,

It appears if you were living together and you were a couple, that you were and would be considered as a de facto couple and you would have a claim.

You mention that you believed that a house that was being billed as for both of you.

Were you making any financial contributions towards this house?


Customer: replied 1 year ago.

lead me to belive that i fulfiiied all living expensive over thoses yrs.electricity,rent food water,gas,and he was putting all monie in house,that was the arrangement made as partners,reason we were only together three to four days as w both our employment is working away,

Expert:  Leon replied 1 year ago.
Good Afternoon,

You say he was only living with you 3 to 4 days a week. I would assume he had other premises he was living in as well.

Were you also paying for the other premises?

The time you are together will assist in proving you were a de facto couple, because you were together for more than 2 years.

The next issue is financial contributions to the building up of assets.

To have you understand a little bit more when the courts and the law split properties between de facto couples and married couple they apply the following 4 steps.

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your spouse made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

If these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses


This is what the court will get if you put on an application.

I cannot tell you an exact percentage you are entitled to that if your contributions to all the assets of the relationship is not there it will be difficult.

If you are paying all rentals food for both of you and he was not paying any rent anywhere then you have a claim.

You will need to speak to a solicitor the practices in this area and provide them with full particulars of the relationship as well as evidence of payments and they will be able to give you a more detailed advice.

I'm happy to provide you with the details of the Law Society's that you can get a referral if that is what you would like.

But you understand what you need to be able to show?

Customer: replied 1 year ago.


thank you


 

Expert:  Leon replied 1 year ago.
Good Afternoon,

You're very welcome and I'm glad to have been of assistance.

If there is anything else I can assist you with in the future please do not hesitate to contact me.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

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