Can My Partner Take Half My House Australia?
One of the most popular queries asked of family lawyers is, "Can my girlfriend take half of my house in Australia?" This is a key question regarding de facto separation rights and entitlements.
The answer to the question depends on various factors. This includes the contributions that they have made in the relationship in the past. But most importantly, as a first step, you must determine and establish that you and your former partner were in a de facto relationship.
Moreover, whether your former partner can take half your house also depends on factors such as who purchased the house. So, if we both purchased the house together, can my partner take half of my house? Let’s explore this question in detail below.
Factors to Consider: The Family Law Act of 1975 states that courts take a few things into account when they make an order for property settlement. Most of the time, judges have to look at what each party has contributed during the course of the relationship
Contributions can be either money or something else of value. People who are in a relationship with each other give each other money as financial help. Some examples of financial inputs are wages and income, superannuation, investment interest, and other money that comes in.
Important efforts that aren't money are also taken into account. These are non-financial contributions. One example of this is when one person gives up their job or schooling to take care of the kids. So, when courts decide how to divide property, they look at both of these types of contributions
Establishing a De Facto Relationship
Before starting property settlement actions, you must determine if you and your partner had a de facto relationship.
The court considers several factors, including:
A de facto relationship usually comprises two persons living together domestically. Once you confirm your de facto relationship, you can consider the possibilities of asset division.
Why is it crucial to determine if a de facto connection existed? If you cannot prove a de facto relationship, property settlement is not possible. Without a de facto, parties cannot claim each other's property.
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Once you build a partnership, you must evaluate each party's contributions. Two property division mechanisms exist. Property division can be negotiated if parties agree. If they cannot agree, they must approach the family court for binding property settlement orders.
Example Scenarios
Let’s consider an example where Gina and Ryle have recently separated from each other. They had registered their de facto relationship on the NSW website.
Ryle had a house before he entered into the relationship with Gina. The two of them eventually moved into Ryle’s house and lived there together for 2 years. During the time that they lived together, Ryle made additional mortgage payments.
Gina also contributes to mortgage payments, but her payments are slightly lesser than Ryle’s. At the time of separation, depending on the monetary contributions that Gina has made, she can be entitled to receive that much percentage of the property.
For example, if Gina made 40% of mortgage payments when Ryle and Gina lived together, she can receive at least 40% of the value of the property at the time of separation.
Moreover, courts can also consider some other financial and non-financial contributions that Gina made. Therefore, depending on these kinds of factors, the answer to the question ‘can my partner take half my house in Australia’ differs. However, an automatic 50/50 split rarely ever occurs in Australian family law matters.
Why Legal Advice is Important:
If you have more questions similar to ‘can my partner take half my house Australia’ you should consider speaking with family lawyers. At JB Solicitors, our leading team of solicitors can provide market-leading advice for all legal matters.
Moreover, if you and your former partner or spouse can reach mutual agreements, our family lawyers can assist with making arrangements and applying for consent orders to formalise these arrangements.
If you have an enquiry, do not hesitate to contact our team of leading lawyers today. Speak to our family lawyers today.