Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
In law and government, de facto ( day FAK-toh, dee -⁠; Latin: dē factō pronounced [deː ˈfaktoː], "in fact") describes practices that exist in reality, even though they are not officially recognized by laws. It is commonly used to refer to what happens in practice, in contrast with de jure ("by law"), which refers to things that happen according to law.

View More On
  1. M

    Defacto relationship?

    My question is whether a 14 month domestic partnership (was in a relationship with them for 9 months) and lived together for an additional few months could potentially be a de facto. If anyone has had personal experience with this I would be very grateful for your advice. I know the legal...
  2. J

    Costs involved in transferring a property after a defacto separation?

    My defacto partner and I have separated. We have a BFA contract which states that our shared property is owned equally although the mortgage and deeds are in my name. The easiest thing would be for me to pay out her share, but she is also interested in buying out my share so I want to be...
  3. B

    Ex defacto partner threatening court

    Hello, I left my partner two and half years ago after an on and off relationship. We were only defacto for around 3 years, and not even consecutively. I own a property in my sole name on the title and I also purchased a property with him that is in both our names on the title. The bank...
  4. D

    QLD Evicting the family and possibly defacto partner from a property

    Hi I've been contacted by an owner who is currently living overseas to resolve a civil dispute between himself and his tenants and I was wondering what the likelihood of receiving a termination notice and warrant of possession was given the circumstances. The owner left the country...
  5. D

    VIC Ex stopped paying mortgage in disputed property he is living in

    In the 2 years since separation I have paid over 100k off the mortgage, for a property that my ex lives in. I wanted to keep the property a nest egg but allowed him to stay to help him get back off his feet. He has since filed a claim to have the property transferred into his name and since I...
  6. L

    Defacto settlement - do I have a claim or not?

    Hi all, I tried to post my full story on here but it is not letting me, can somebody please answer the question - do I have a property claim over my ex's $3m asset pool if we have only been residing together for 13 months and we have a child? Child is 18 months and lives with me 100%. We were...
  7. S

    ACT Defacto Ownership of House

    My dad and his girlfriend are both in nursing homes. Her children auctioned the house last week. They were a couple for 30 years. Her children are claiming he has no rights to the house and the house is in their mother's name. What steps should we take to assist my dad with getting his...
  8. A

    NSW Can overstay of U.S Visa for 10 months affect student visa for Australia as a defacto partner?

    I have a U.S visa and I overstayed 4 years ago back in 2014 for 10 months and I am back in my country of origin. My partner is applying for a student visa and I am going as a defacto partner with her to Australia. Should I mention this information and if I do, is it grounds for denial of the...
  9. J

    De facto Relationship

    Good evening everyone. My situation is as follows.......I was in a relationship with a Thai lady (still living in Thailand) from September 2015 until January 2018 (28 months) During this period my girlfriend would travel to stay with me for periods of 3 months (visitor visa), whereupon I would...
  10. M

    WA Defacto relationship break down

    I have been in a defacto for 11yrs She wants me out I'm not going I have paid all the mortgage bills food cars everything and her daughter lives with us I've cared for her since she was 7she is now 19 I've look after her like she was my own Partner doesn't work hasn't for 5years Can I kick her out