Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

My question is as follows. My defacto partner and I have…

Customer Question
My question is as...

My question is as follows. My defacto partner and I have separated after 20yrs. I have 50k given to me as early inheritance by my father which we had sitting on the mortgage. The house is now sold. She has 25k left to her when her father passed 3yrs ago sitting in an account in NZ. Who's entitled to what?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

QLD

Lawyer's Assistant: Has anything been filed or reported?

NO

Submitted: 10 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 2 hours by:
9/25/2017
Solicitor: John Melis, Lawyer replied 10 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,550
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 10 months ago

Dear customer, property settlement for de facto couples is legislated by the Family Law Act Pt VIIIAB which is identical to married couples in Pt VIII of the Act. De facto couples have a right to maintenance which includes sections 90SD to 90SJ of the act, and property division, which is sections 90SK to 90SN, and the splitting of the superannuation under section 90SM of the Act.

There are jurisdictional hurdles that must be satisfied to raise a property separation claim for de facto couples. There are also requirements that the relationship was for a period of two years. When these two factors are met, property or spousal maintenance orders may only be applied for after the couple have separated.

De facto couples may complete a property division between themselves or raise an application to the Federal Circuit Court. To raise a property separation claim, one of the parties must be an Australian citizen, or ordinary resident of Australia and in Australia when the application is filed. In addition, the de facto relationship must have been bona fide. This can be demonstrated through the duration of the relationship, nature and extent of common residence, whether or not a sexual relationship existed, the degree of financial interdependence, ownership of property, children and their care, performance of household duties, mutual commitment and support for each other, and public aspects of the relationship. A de facto relationship is defined under section 4(1) of the Family Law Act with the meaning set out in section 4AA.

The division of property interests are regulated by section 90SM, which is similar to section 79 for married couples under the Family Law Act, with section 90SM(4)(a) of the Act requiring that financial contributions are taken into account. Creditors are also entitled to become part of the property proceedings for separation for de facto couples under section 90SM(10).

Where one de facto partner raises a maintenance support need against the other partner, the applicant needs to satisfy section 90SD the geographical requirement, and matters set out in section 90SB, as well as matters under section 90SF of the Act.

The time limitation to raise a property division or maintenance claim is within two years of the relationship breakdown. However, this can be changed with leave of the court in section 44(6) of the Act in specific circumstances where it can be demonstrated that the applicant could not support themselves.

Where de facto couples are separating they can settle their division of the assets amicably through a financial agreement, or through the Federal Circuit Court.

In your particular case the length of the relationship would entitled you to 50% of the asset pool to start with and the scales off justice for financial separation will be based on the facts mentioned above.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Please don’t forget to leave positive feed back.

Kind regards
John Melis

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,550
3,550 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,550 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I received a call from Westpac bank today asking me where
I received a call from Westpac bank today asking me where the money in my savings account came from and if that money was from any business dealings and what I spend it on, is it legal for banks to as… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,550 satisfied customers
My son is 25 years old. has just separated from his defacto
Hello, my son Tom is 25 years old. has just separated from his defacto partner Sabrina of 2 years. Last year, Tom received an inheritance and in November he and Sabrina bought a house together. The ti… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My ex partner and i have a separation agreement she agreed
My ex partner and i have a separation agreement she agreed not to claim defacto on my properties but since has decided she was forced to sign the agreement and wants to claim investment properties and… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Can you tell me where I stand legally? My wife of almost 2
Can you tell me where I stand legally? My wife of almost 2 years asked me to leave in nov 2013. We have been separated for the past 5 months of which I have done everything I felt possible to save our… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am separating from my defacto partner of 7 years with whom
I am separating from my defacto partner of 7 years with whom I have two children. I have two properties solely in my name, one is a block of land in Fiji purchased prior to this relationship, the othe… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My partner & I have been in a relationship for approx 4 years,
My partner & I have been in a relationship for approx 4 years, but have only been living together for almost 2 years in a Defacto relationship. In this two years we have bought a house together in joi… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am in a defacto relationship and we have bought a house in
I am in a defacto relationship and we have bought a house in NZ together and now one in Australia, the one in Australia has only my partners name on the mortgage as I have a 457 visa and it was provin… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I have been in a defacto relationship,for 15yrs. I am the primary
I have been in a defacto relationship,for 15yrs. I am the primary caretaker and my partner stopped working 6yrs ago to look after our two young children, aged 6yrs. She has 2 adult children over the a… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My new partner (jill )has left her defacto of three years and
My new partner (jill )has left her defacto of three years and I want to adviser regarding here chances of getting some share of his assets. My partner is originally from Kenya she met the ex online ov… read more
Advocate
Advocate
Master's Degree
350 satisfied customers
Father in law is trying to separate from his defacto of 6 years.
Father in law is trying to separate from his defacto of 6 years. At the beginning of their relationship he inherited some money and bought a house in NSW, he paid cash for the house, owes nothing to t… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
Hi, When I purchased my house , I was not earning enough
Hi, When I purchased my house , I was not earning enough to take the loan out in my name only. My partner assisted and placed his name on the documents. I invested $110k (from the sale of my previous … read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
Hello I have been in a defacto relationship for nearly 4
Hello I have been in a defacto relationship for nearly 4 years with a lady and lived in her house. I entered the relationship with all my furniture which has since been given or thrown away. We have b… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My fathers will states that I get all his pre 1949 cars. His
My fathers will states that I get all his pre 1949 cars. His de facto partner gets everything else until she dies then it gets divided half to her side half to dads side. His will is around 5yrs old a… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
my dad was married to my mother and I am the oldest of two
my dad was married to my mother and I am the oldest of two children to that marriage. my dad separated and mum separated and my dad had a defacto who he had 2 children to. My father passed away and my… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
my partner passed away recently he had made a will in 1975
my partner passed away recently he had made a will in 1975 leaving everything to his wife we had been living together for 9 years his wife is trying to get a vehicle that was registered in my partners… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I was in a defacto relationship for 15 yrs now seperated about
I was in a defacto relationship for 15 yrs now seperated about 3 yrs . My ex partner has married Im in nth qld she lives in darwin. we have a house in joint names also a block of land in nth qld, now … read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
Defacto property settlement (NSW) - I was in a 6 year defacto
Defacto property settlement (NSW) - I was in a 6 year defacto relationship which ended almost 11 months ago. In 2007 we purchased a house value $385k in my name only, mortgage in my name. We borrowed … read more
Deborah Awyzio
Deborah Awyzio
Solicitor
Bachelor's Degree
863 satisfied customers
I am a UK citizen based in the UK. I have been in a Defacto
I am a UK citizen based in the UK. I have been in a Defacto relationship with an Australian lady for 5 years. We did not have a Cohabitaion Agreement. We meet while she was in the UK. 75% of our time … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x