My ex partner and I have 7 properties in his and my name. Two…

It is clear you have entangled your financial affairs significantly during the course of your de facto relationship, and could apply to the court for apportionment orders under the Family Court Act. If either of you were to do that the court would apportion your collective property (ie. the property in either name, based on what it considered just having regard to what you both contributed, both financially and non-financially, and also taking into account whether either of you have an special needs (health problems, or need to provide for children, etc).

Alternately, if you believe you may be able to negotiate a settlement between yourselves you can do that, but under the legislation such an agreement is not legally binding unless you are both independently legally advised.

Because even a negotiated settlement will require a lawyer be engaged, and because only a fully briefed lawyer with full knowledge of your history together, and current circumstances can advise you of the appropriate apportionment under the legislation, I would strongly recommend you engage a family lawyer to finalise a settlement with your ex partner.

Further, if you negotiate an apportionment informally, transferring assets between yourselves (which may be necessary to separate the properties) may be subject to stamp duty, whereas if apportionment occurs pursuant to an agreement in accordance with the law (i.e. with the advice of lawyers), then transfers of property between spouses under such an agreement are generally stamp duty exempt.

I trust the above assists.

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