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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5517
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am currently in a de-fatto relationship 11 years and a 6

Customer Question

Good day,
I am currently in a de-fatto relationship for over 11 years and a 6 year old child in common.
We have decided to separate and I would like to know my rights concerning a house we own.
Unfortunately, the property is under my partner name only but I lived and paid mortgage during time we lived there.
After legal separation , I would like to keep living there with my daughter and my partner wants me to pay full rent to him because he says he owns the house .
Please could you advice me legally if I need to pay full rent or property is also entitled to me .
Do I have to deduct my daughter's rent from total amount?
Thank you very much for your advice
Looking forward to hearing from you,
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

issue is, the home is in his name.
All you can do now actually is file an application in court to have a figure paid out.
You are entitled up to around 60% of the assets, thus whatever the total figure of ALL assets, your entitled to 60%.
If you want to simply have a share of the home, (or the home is the most important and expensive asset) then of course you can seek around 60% of the value.

He can simply ignore you at this point, you may need to go to court otherwise if he does not settle.

You perhaps can ask for a smaller figure, in light of saving legal bills, which can go to around $40,000.00 in any event.

I would suggest trying to speak with him, but considering what he has said, then I assume court is the only option.

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Expert:  Daniel replied 1 year ago.

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