9 Comments Family & de facto law, financial agreements, consent orders
Hi. Classifying whether what you had was a domestic relationship can sometimes be tricky. However, to start with, the courts will look at it as a couple living in a genuine domestic basis. This means: * How long you have been in a relationship, and whether it is of a sexual nature; * How much financial dependence or independence exists between you, or if you or your partner financially support one another; * Whether you have joint assets; * To what extent you have a mutual commitment to a shared life; * The reputation and public aspects of the relationship. If you can look into dates etc to clarify whether or not you considered it to be a "relationship" at the time of buying the home, then you can map out a time frame of when the relationship started and ended, even though it started and ended multiple times, the dates will make it clearer. Whether or not you paid for the property, although you can use that in your argument, is largely irrelevant if you were actually in a domestic relationship. In a defacto, both of you would have the same rights when it came to the division of property and finances. You are stating that you have no bank accounts or anything else in joint names, that will show to some degree that the financial side was kept separate. She will need to prove otherwise in court. If you have any emails and/or text messages that can go towards adding proof of your belief that the relationship was over, that would be beneficial. The agreement of paying her own bills and also paying money to you in the first place is another point to add to your argument of a non-defacto relationship. Dates are key and the court will ask you to provide an outline of dates of when events occured. If you have proof to go along with that, your case will be stronger. She will have to prove otherwise. The other point is, how did others outside of the two of you see both of you? Did they see you together or separated, as you stated? These people are your witnesses. If you believe this will have to be resolved in court, then you will definitely need to get some professional legal advice. There are a number of practitioners here on this website or you can Google some for yourself. I hope this helps.
Hi Guys thanks for the replies , sorry i missed them , thought the site emails me but didnt ? Adonis - i signed just one paper with her in august 2018 a Landlord declaration form QLD which states i reneted until further notice for $1000 a month , i was happy this amount as left all my stuff in the house . we havent had sex for years maybe 5 years before split i cannot even rememeber but as to having dates no idea , i didnt have many emails when apart people text these days and when apart didnt talk .. as mentioned she returned to Korea for 2 years then she came back and sorta got back together , but never slept with each other and soon after i decided to buy the house as we needed somewhere to live - we fought and broke up again - she just slept in other room . we never had many joint friends but i am sure my friends knew we were staying together but seperated sort of living in same place . I oftern Paid for her and all bills when together but thats not cause i wanted to we never agreed that - just someone had to and she didnt much - another reason why we kept breaking up .. (basically i was stupid and should broken years before but i was to nice and she made me feel guilty , always saying i am her family etc) NO - we have nothing in same name , no accounts , no bills nothing - just post to same address and years ago she came to Australia on defacto visa but thats before we split and she returned to korea for almost 2 years . I really dont have many dates or emails - never really had not the sort of thing you keep reference to - break up dates etc and her saying she will pay me back and one day do this was just her words nothing more . Is there not a 2 year time limit someone can claim they were defacto ???? Any more thoughts or who best to contact to get her out house and mess cleared up would be great - as explained i am in the UK so not easy ..
Hi roger So you recommend I pay her the 50,000 but just get a lawyer to make paperwork that that’s all she can ever get ? I am getting confused as some people say she don’t have. A case as over 2 years some people say she does . But yes maybe beat just pay her and forget about it . Move on lesson learned