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Sam
Sam, Attorney at Law
Category: Australia Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I have seperated from my defacto partner and he has

Customer Question

Hi , I have seperated from my defacto partner and he has moved out of the home . He returned all keys except for the remote control for the garage . He has informed me that he is in his legal right to keep the remote as the house is still legally half his until property matters have been removed. Is this correct , I find this hard to believe
Submitted: 8 months ago.
Category: Australia Law
Expert:  Sam replied 8 months ago.
Hello FionaThis is Samuel and I will discuss this and provide you information in this regard.That would be correct if any of the following apply:the period (or the total of the periods) of the de facto relationship is at least 2 yearsthere is a child of the de facto relationshipone of the partners made substantial financial or non-financial contributions to their property or as a homemaker or parent and serious injustice to that partner would result if the order was not made, orthe de facto relationship has been registered in a State or Territory with laws for the registration of relationships.You can make an application to the Family Court or the Federal Circuit Court for a property settlement under the Family Law Act if you and the partner are unable to reach an agreement about how any assets are to be divided.

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