Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 8 minutes by:
4/1/2010
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified[QUOTE] Where do I stand as far as the house is concerned when we separate? [/QUOTE]
I am sorry to hear that the relationship is on the rocks. But if things don't work out, and you separate, then your legal position is as follows.
If you think you can agree with him on who should get what (including the house you built), then you can enter into a Binding Financial Agreement with him which will determine what will occur to the property and assets upon your separation (ie.) how it will be divided up. These agreements are recognized under section 90B of the Family Law Act (Cth).
Provided that the Family Law Act is complied with in compiling this agreement, including having both you and your partner receiving separate legal advice and your solicitors signing a certificate which is attached to the agreement, then the agreement will be enforceable upon your separation.
Without this agreement you or him would need to apply to the Family Court of Australia for property splitting orders. The Court would then apply a complex four step process to determine what percentage split will apply to the assets built up over the course of the relationship.
Even though the house was built by you, and may be in your name, it would still form part of the pool of assets that the Court would divide up.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
I am sorry to hear that the relationship is on the rocks. But if things don't work out, and you separate, then your legal position is as follows.
If you think you can agree with him on who should get what (including the house you built), then you can enter into a Binding Financial Agreement with him which will determine what will occur to the property and assets upon your separation (ie.) how it will be divided up. These agreements are recognized under section 90B of the Family Law Act (Cth).
Provided that the Family Law Act is complied with in compiling this agreement, including having both you and your partner receiving separate legal advice and your solicitors signing a certificate which is attached to the agreement, then the agreement will be enforceable upon your separation.
Without this agreement you or him would need to apply to the Family Court of Australia for property splitting orders. The Court would then apply a complex four step process to determine what percentage split will apply to the assets built up over the course of the relationship.
Even though the house was built by you, and may be in your name, it would still form part of the pool of assets that the Court would divide up.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
[QUOTE] ...can I ask him to leave the property? [/QUOTE]
If you want him out of the home, then because he is a part owner, what you need to do is apply to the Family Court of Australia for what is known as an order of exclusive possession. If you get that, then he must leave the home until the trial is completed.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
If you want him out of the home, then because he is a part owner, what you need to do is apply to the Family Court of Australia for what is known as an order of exclusive possession. If you get that, then he must leave the home until the trial is completed.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedBrisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
My husband and I have been separated for 2 .5 years. I left
My husband and I have been separated for 2 .5 years. I left very manipulative and toxic relationship after 23 years. He has been living in house, decided he wants to sell however wants me to sign ever… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My partner past away and his family requested me to sign a
My partner past away and his family requested me to sign a stat dec to remove me off the death certificate but I don't want to and they said he owes money on his car but I said his super will pay for … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My ex partner and I have recently split and we owned a home
Hello My ex partner and I have recently split and we owned a home together. We were together just under two years. Do we need to split the property 50/50 or do we get to keep what is in our own names?… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
My electrical contracting company recently performed work for
My electrical contracting company recently performed work for a lady, who asked her de facto partner to ring us and arrange for some electrical work to be done at her house (a title search reveals the… read more
James D. Ford
Solicitor
1,600 satisfied customers
Hi, my partner is going though a property settlement with
Hi, my partner is going though a property settlement with her ex husband, 2 years prior to their separation 2012, I loaned money to her and him for a purchase of a new car $40,000, we still have copie… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Hi Leon, my girl friend and I built a house together, the
Hi Leon, my girl friend and I built a house together, the titles and mortgage were in joint names. please note we never lived in the property as we split up prior to completion. (not a defacto relatio… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Have just separated after 6 years in a defacto relatiobship
Have just separated after 6 years in a defacto relatiobship with two children one aged 5 the other 6 minths. I purchased a home on my own in 2004 which i still have today i have paid all the mortgaged… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Hi Alex, Im in a pickle. I have a mortgage on a unit
Hi Alex, I'm in a pickle. I have a mortgage on a unit I bought off the plan in 2003. I moved into it after settlement in 2007. It is $200000 owing In that same year I met my fiancee and all he had was… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Hi, I have been in relationship with this girl for 9 years,
Hi, I have been in relationship with this girl for 9 years, in February 2011 we purchased a house under both our names, but prior to settling she made me sign a statutory declaration stating that we a… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Hi I signed a letter in October to say that I would pay my
Hi I signed a letter in October to say that I would pay my brother back $17000 that was lent to me 15 years the money was to be paid back to him from my inheritance from our deceased fathers estate. I… read more
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,683 satisfied customers
Hi, my name is XXXXX XXXXX I have a couple of questions regarding
Hi, my name is XXXXX XXXXX I have a couple of questions regarding de-facto relationships and when these come to an end: I am in Australia, so I am seeking the advice from a Lawyer who understands the … read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Defacto relationship when there is no will. How does a person
Defacto relationship when there is no will. How does a person stand, especially when the assests are minimal and is the defacto entitiled to any super when there is no benerficery stated… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
We have recently settled a deceased estate where my brother
We have recently settled a deceased estate where my brother & I were executors. We are estranged due to personal reasons. My brother refused to release funds unless his settlement statement was agreed… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
My partner and I are parting after 8 years. He is trying to
My partner and I are parting after 8 years. He is trying to get me to sign a cohabitation agreement stating that the property is his. I have worked contributed and raised 3 and half of his four childr… read more
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
I have been in a long term defacto relationship for over 8
I have been in a long term defacto relationship for over 8 years. We have purchased a house together 6 years ago. Things have turned sour and I want to leave but my partner will not agree to sell the … read more
Advocate
Master's Degree
350 satisfied customers
I have recently split with my partner of 6months. we have a
I have recently split with my partner of 6months. we have a loan together he has not been paying his part of the loan, but insists he is intitled to half the furniture we brought. He lied about using … read more
Deborah Awyzio
Principal Accredited Family Law Speciali
Bachelor's Degree
863 satisfied customers
Defacto property settlement (NSW) - I was in a 6 year defacto
Defacto property settlement (NSW) - I was in a 6 year defacto relationship which ended almost 11 months ago. In 2007 we purchased a house value $385k in my name only, mortgage in my name. We borrowed … read more
Deborah Awyzio
Principal Accredited Family Law Speciali
Bachelor's Degree
863 satisfied customers
I have contributed financially to a relationship for 3 and
I have contributed financially to a relationship for 3 and a half years, lived as defacto for 3 years. We purchased a house and furniture and renovated his apartment. We separated 18 months ago, I hav… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
33,544 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
