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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44356
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I own the house I live in with no input from partner, she

Customer Question

Hi, I own the house I live in with no input from partner, she has been here a few years, I want her out but she won't leave and it makes me angry, her son and her even accused me of bashing her which is totally untrue, she is a habitual liar, we have a 3 year old which makes things more difficult, I am at my wits end , how can I get her out, thanks
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

How long have you been together?

The child is going to make it hard because, the law will give her a share because of the child.

The law applies the following 4 steps but the shorter the relationship the more they usually look at contributions.

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your Husband made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

IF these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses

Customer: replied 1 year ago.
She's been living here 5 years, we aren't married, can the police make her leave straight away
Expert:  Leon replied 1 year ago.

Not being married does not change anything. Being together for 2 years makes you a defacto couple and the child is another issue.

You are treated the same as a married couple when it comes to property settlements.

The court will mainly look at what she has bought into the relationship but there will be an adjustment in her favour if the child lives with her.

You will need to have a solicitor work with you on this if it goes to court.

But she will get something. But not 50% so do not think that at all.

Customer: replied 1 year ago.
I need her out while the courts do their thing, I'm not leaving my own house, how can I do that
Customer: replied 1 year ago.
I've also been putting a roof over the head of her daughter from previous relationship all that time as well
Expert:  Leon replied 1 year ago.

Good Afternoon

As she is not on the title you can lock her out.

You give her notice and advise her that she has to be out in X weeks and you will be locking her out.

It is your house and you can do what you wish.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.