Yes she can force you to sell.

She can refuse your offer to settle.
If you really want to keep the house make an offer to her that she won't refuse. Go slightly higher ... See what she want then try to make some arrangements.

Hope all goes well

Correct, we weren't married.

I am of the understanding currently, that she is only entitled to 50% of the amount after debts are fully covered or paid.

I am also of the understanding that she is entitle to 50% of the Super pool.

Super is not included when Your in a defacto relationship. Not sure who told u that it is.
Have you had legal advice regarding these questions. Might be a good idea some offer free legal advice.
I'm in Perth.
It's 50/50 of children.
Banks doesn't care if it's children involved all they care is that mortgage is paid and if theirs a shortfall both are liable. Not sure if it different since you both weren't married.
She's entitled to a percentage of your asset pool if it small them she's get a smaller %.
Not sure who told you she's only get a part after debts are paid.... Not how it works... Unless you sell the home then give her a % is none is left over then there's nothing for her all goes to the bank.
Try to negotiate with her and come up with a figure.
Do you both going through courts ?

Good luck hope all goes well

Have got a friend same situation as you only difference she was with him for 10 years defacto.. She was told by a solicitor that his super she can't touch...
Abs her house value has dropped a lot.

Like I said before hope all goes well.

It's tough but I'm sure you'll pull through stronger. Peace :)

Time101 you need to get up to date - the rules changed nearly 10 years ago

Super is included for defactos although the rules are different in WA
https://www.ag.gov.au/FamiliesAndMarriage/Families/SuperSplitting/Pages/default.aspx

Hi, just thought I'd chip in.
I'm in Perth, went through defacto prop settlement in 2012 via Fam Court, Neither my or expartner's super were included in the settlement calculation although it was still required to be included in the disclosure documentation.

Yes, the Law states there is a 2 year limit, but, from what I have been told this wont hold up in the courts.

What is the point in having a law and a time limit if the courts ignore it anyway.

Oh and just for clarification, I'm Queensland

Thank you, I'll get back to you if any word.
Going to try make a settlement offer and hope for the best

Neither of us can afford to go to court, and I believe that unless there would a financial grain, no Solicitor will represent either of us, believe they'd more than likely advice to take the offer.

Thanks again, appreciate the advice

Going to try make a settlement offer

Why on earth would you do that?
It was a DeFacto relationship and you have been separated for almost 5 years, you are living in your house, so what's to settle?

Do Nothing, the ball is in her court and she has failed to act in time.

She needs grounds to request an out of time settlement, does she have any? Can she give a good reason for making this? If not - I expect that the court will just tell her to go away.

What is she likely to get if she does have grounds? From what you have said the house has no net value, the loan is about the same as what it could be sold for. Is there any joint property that you have not told us about? If so who has that?

If there is no property to divide it is not necessary to have a property settlement, whether it's in time or out.

As I said do nothing.

Originally posted by DaveJB Thank you, I'll get back to you if any word. Going to try make a settlement offer and hope for the best Neither of us can afford to go to court, and I believe that unless there would a financial grain, no Solicitor will represent either of us, believe they'd more than likely advice to take the offer. Thanks again, appreciate the advice

Wise move I think... Although she would have to include an affidavit in her property settlement application for applying out of time, if I have read your circumstances correctly, you have been in a relationship for 13 years & have raised kids together almost the whole time... I assume they are yours, but whether they are biologically yours or not, they are children of the relationship.

The point to that being, she at the very least, has made substantial & significant non financial contributions for the entire length of the relationship ... They are solid grounds. Quite unlikely she would be knocked back if she sought to apply... She would also have a valid reason to place a caveat over your title if she hasn't already... At some point in the future you are probably going to have top confront this.

If you have managed to share 2 kids 50/50 for over a year, I'm assuming you get along reasonably well on issues that matter... If you can make a reasonable offer & you can both avoid litigation, you most certainly should IMO & the sooner the better.