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defacto

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dazzasthe1 View Drop Down
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Joined: 08/August/2012
Location: Australia
Posts: 1
  Quote dazzasthe1 Quote  Post ReplyReply Direct Link To This Post Topic: defacto
    Posted: 08/August/2012 at 02:01
Hi I'm just want to no my x partner was living with me for 6 years we have a 6 year old child but payed nothing towards the house payed some bills now and again but just found out she was on the single parent passion .for about 2 and half years.. i brought my house 15 years ago still paying it off she never worked I've been on compo for 4 years can she take half of my house it's been a ugly break up ps sometimes drew ing them6 years she's left a couple of times thanx darren

 

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MartinO View Drop Down
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Joined: 02/March/2009
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 08/August/2012 at 02:46
If you were together for six years, unless you had a binding financial agreement in place, she will be entitled to some of your assets.

It is irrelevant that she did not work for a wage during your relationship, it is also irrelevant that she paid nothing toward the house. Who will the child live with from here on? That may effect the percentage each party gets.

It may be relevant that you are off work due to an injury, if that means that your future earning capacity is limited.

Depending on the answers to the above expect that you may make a significant payment to her in the property settlement. Best thing you can do is get a good family law solicitor working for you, to try a minimise the payment that you have to make.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 08/August/2012 at 13:12

How do you know she was on single parent pension? Did you ever know during the relationship? If she was living with you but falsely claimed SPP she is a criminal and her whole case will rely upon admitting that fraud. Hope she has fun with that - one cannot say in 1 forum (Fam Court or settlement negotiations) what she denies in another (eg: to C'link).
not legal advice

 

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Dazza1 View Drop Down
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Joined: 24/June/2011
Location: Australia
Posts: 239
  Quote Dazza1 Quote  Post ReplyReply Direct Link To This Post Posted: 08/August/2012 at 13:41
Yes she is a criminal but i dont think that will have any consequences and putting in a property settlement

 

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De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

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