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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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my son is in process of a separation with his defacto they

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my son is in process of a separation with his defacto they have been living together for 4 years and share a 3 year old son. she has 2 children from a previous relationship. he has a house which he is paying off in his name she is not on the deeds and has never contributed to paying it off and is quite free in letting people know that is the case. we have contributed $50,000 towards the house our main concern is i am aware she will be entittled to a share and where does that leave us as we are still making payment for the next 5 years. should we sell the house which would mean we will all come out with a debt. he wants to rent it out. i think we need legal advise. plus the relationship is very sad with neither party happy. she also has been corresponding with another man through text messages and facebook he is a great dad and it not seeing anyone else. plus as grandparents that always babysit whenever she asks i'm scared she will stop us seeing him as she does these mind games with her previous partner.
Submitted: 5 years ago.
Category: Australia Law
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 5 years ago.
yes i'm still concerned
Expert:  Fran-mod replied 5 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  Deborah Awyzio replied 5 years ago.
She has two years from the date they actually separate to make a claim for property settlement adjustment. If there is no equity in the house then she is unlikely to make a claim. The issue is the $50000 you have advanced and it is important that you retain paper work to confirm the contribution you have made.

The fact that the woman has not contributed financially does not mean she does not have a claim as she would have made non financial contributions as a parent.

You need to think about what you achieve by selling the house if there is no equity.
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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