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Ask Patrick H. Your Own Question
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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Well I'm in a de fact to relationship that has broken down.

Customer Question

Well I'm in a de fact to relationship that has broken down. My partner and I are still living in the house we were trying to buy together. We are planing on selling it. She wants have of the sell. I personally feel like she doesn't deserve half. I paid all the money to move into the house, furniture the taxes and basically set the house up. She hasn't always paid the same amount on the loan either. She has a unit buy her self that she had coming into the relationship. I'm trying to find out do I have to give her half of the sell and if so does that mean I get half on the unit?
JA: Real Estate issues can be tricky and expensive. The Lawyer will need to help you with this.
Customer: I assumed that you were. Is there anyone I can ask what i'm I in tiled too?
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: That's is basically.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello and thank you for your question.

How long were you living as a de facto couple?

Are there any children of the relationship?

Do either of you have any health issues that affect your ability to support yourselves?

Customer: replied 1 year ago.
We were in the relationship for 3 years no children, and I just had surgery for prostate cancer. Which is the reason why I think the relationship has ended.
Customer: replied 1 year ago.
My ability to support myself has been affected as a result of my operation. having said that i'm getting better every day and will be able to look after myself in a short while.
Customer: replied 1 year ago.
Were you sending a response to this box or my email.
Expert:  Patrick H. replied 1 year ago.

Under Australian family law when a de facto relationship ends after 2 or more years, the parties property should be divided in essentially the same way as if a marriage had broken up.

Contrary to popular belief, however, the parties to a broken relationship are not entitled to an even share, rather the law provides that each party is entitled to a fair share of the relationship asset pool (all assets owned by either party and including superannuation) having regard to the contributions that each party has made and then adjusting for special factors such as the impact of children or where a party has serious health issues which will impact their ability to support themselves.

So your greater contributions to the to the house you are living in will be factors very much in your favour when determining a property split, though the court will not consider this asset in isolation, but will also consider the total asset pool, which includes your ex's property that she brought to the table, which is a factor in her favour when deciding on a fair apportionment. Your health issues may or may not be considered a significant factor depending on how long term they are and the extent to which they affect you.

Only a fully briefed lawyer familiar with the detailed circumstances of your history as a couple and your current financial and health circumstances can give you a firm estimate as to your actual entitlement, but based on what you say it would seem likely you will receive something less than half the total asset pool (which includes the property your partner brought into the relationship, but which may ultimately reflect a greater share of the property you are currently living in.

I trust the above assists your understanding.

Good luck and please rate my answer.


Customer: replied 1 year ago.
awesome thank you so much.
Expert:  Patrick H. replied 1 year ago.

You are welcome, please rate my answer.