Can a De Facto Take Half of My Property?

In this article, we will try to answer the million dollar question: “can a de facto take half of my property?” 

Under Section 4AA of the Family Law Act 1975, de facto relationships are those couples that live together as spouses or partners on a genuine domestic basis but they are not legally married to each other. Moreover, these persons must not be related by family.

In case of separation or dispute, the Court will refer to the following factors to determine whether a relationship is a de facto relationship:

• the length of the relationship;
• the living arrangements;
• whether there is or was a sexual relationship;
• the financial arrangements;
• whether you owned property together and how you bought it;
• whether your relationship was registered under state or territory law;
• whether you had or cared for children together; and
• the way you presented your relationship in public.

Can a De Facto Take Half the House: The Separation

Can a de facto partner take half? If the parties to a de facto relationship separate, there are certain rules that apply when it comes to property settlement. 

First, you must make a claim for property settlement within 2 years from the date of separation. This is the time limit set by law. You must file an application to the court and ask for an order dividing your property. If you can’t file within the time period, you will need pemission from the court to file the claim.

During the proceedings, you must prove that you lived together for more than two years. However, this is not an iron bar rule. You can bring a claim even if your relationship was less than two years:

1. If you have a child from that relationship
2. You care for the other person’s child and would suffer an injustice if the court does not make an order.
3. You contributed substantial financial or personal contributions for which you will not be adequately compensated unless the court makes an order.
4. The Court will also consider the financial and non-financial contributions to the relationship. 

The following section will discuss more about these factors.

Before or during separation, you can also make a binding financial agreement to determine who has certain rights to the property.

Since a binding financial agreement is a legal document, scheduling a consultation with a legal expert is a must. This will help you understand the process and implication of executing this document.

Can a De Facto Take Half My House: Property Settlement

The answer to the question, “can a de facto take half of my property or half the family home?” will depend on the rules and criteria set by law. This section will discuss the application process for property settlement between de facto couples and the factors that might affect the division.

Under the family law provisions, you can file an application for property settlement before the Courts if any of the following conditions are present:

1. your de facto relationship with your partner lasted for a total of at least two years;
2. you have a child borne out of the de facto relationship; 
3. you have made a substantial contribution to the property or finances of your partner;
4. the relationship was registered under a State or Territory law; and
5. you lived for at least one-third of your relationship in NSW or another state where the laws apply (currently all Australia states and territories except Western Australia.)

Can a De Facto Take Half: Factors Considered in Property Settlement Orders 

Parties can only make an application for property settlement to the Court if the parties cannot reach an agreement about property division. If you file an application, know that there are factors that the Court will take into consideration before rendering a decision. 

These factors will also answer your question, “can a de facto take half of my property?”:

1. The assets and other properties that you owned before the relationship. The relevance of this factor will depend on:
   • the length of the relationship and
   • the contributions each person made to the upkeep and improvement of any assets brought into the relationship.
2. The net value of your current assets. This includes the value of any property such as houses, shares, boats, caravans or superannuation.
3. Contributions made by each person for the whole duration of the relationship. The following enumeration lists the possible contributions that one might have made:
   • Direct financial contributions, such as wages or payments for properties or improvements to the properties;
   • Indirect financial contributions, such as gifts, inheritance, or payment of household expenses;
   • Non-financial contributions, such as do-it-yourself repairs and renovations, child care, household tasks, and contributions to family welfare.
4. Your future needs, such as practical considerations like child care, relative earning capacities, and any other financial resources available to either of you.

Can a De Facto Take Half: Court Decision in Property Settlement

If the Court reaches a decision as to the proportion of assets that each party may get, it shall make an order as to the manner of division. It will now answer the question, “can a de facto take half?” Now, it may issue an order the:

• Sale of assets, like the family home and the earnings will be divided in a particular manner;
• Transfer of ownership of the assets to another person’s name;
• Payment of ongoing maintenance; or
• Splitting of the superannuation funds.

Hence, the answer to the question, “can a de facto take half of my property?” The short answer is: not necessarily. This is because the court will still determine the proportion of assets that each of you must receive.

Can a De Facto Take Half: Ask a Family Law Solicitor

Property settlements, binding financial agreements, and filing court applications may require the legal guidance of JB Solicitors’ family lawyers. For a more comprehensive discussion of the answer to the question, “can a defacto take half of my property?,” talk to a lawyer. 

Other services that our Australian family law solicitorsmay provide seek professional legal advice following:

• Legal advise on rights and obligations if de facto relationships has broken down;
• Mediation or counselling process guidance;
• Assistance in financial agreements and financial support like spousal maintenance. Spousal maintenance is when a spouse has financial dependence on their partner;
• Property settlement proceedings;
• Parenting arrangements negotiation; and
• Obtaining parenting orders from the court.

Getting legal assistance will ensure that the separation process of your de facto relationship goes smoothly. Schedule a consultation with us today to know more.