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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44191
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been with and living withmy de facto partne since

Customer Question

I have been with and living withmy de facto partne since 2003. I inherited a house from my grandparents estate in may 2009. My partner has threatened to end our relationship and claim half of my house. The deeds are in my name and I make all the financial contributions. I'm wondering how I protect my property from him? Kind regards Bianca
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I've spent most of my time in nsw with him I'm moving to Canberra this Sunday
JA: Has anything been filed or reported?
Customer: No he is currently overseas with work and is due back in about 30 days all verbal at this stage
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of thankyou
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Customer: replied 6 months ago.
Thank you Leon. I should have protected it in 2009 hoe Ed at the time up until now my partner has always said that he would not touch my house.
Expert:  Leon replied 6 months ago.

Good Afternoon

It is a long relationship and the law will split the assets you both have.

The inheritance will also be spit but not necessarily 50%

The law will apply the following 4 steps in all property splits and it applies the same in marriages and defat relationships.

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

Unless he agrees to enter into a binding financial agreement there is very little you can do. Also the law will take into consideration what he has contributed towards the house in any split.

I hope this makes sense and is of assistance. if there is nothing further happy new year and

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.

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Customer: replied 6 months ago.
I also have a 7 year old daughter which in the future I would want to pass the house to her. What about if I gift the property to for eg my mother?
Customer: replied 6 months ago.
Or enter into a family trust
Expert:  Leon replied 6 months ago.

Good Afternoon

You cannot give the property away because he can argue that the transaction should be overturned as you are trying to hide it from him.

If the daughter is yours and his then this will have an impact on the split.

Anything you do now is not going to assist you as it is a disposal and the courts will overturn this.