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QLD De Facto Deposited My $67,000 Cheque into his Bank Account

Discussion in 'Debt and Bankruptcy Law Forum' started by Concernedness, 13 March 2015.

  1. Concernedness

    Concernedness Member

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    Hi, I had a cheque for $67,000 (from the sale of my home) when I separated from my de facto after 18 years.

    I had a new boyfriend at the time, who I trusted inexplicably. The new boyfriend said I should let him put the cheque in his bank account so I wouldn't lose any of my family benefits as a single mother (I have always worked casually since I became a mother so I could look after my children and work). I stupidly agreed.

    That was about 5 years ago. In the meantime we have lived with each other most of the time. I have left twice but he always begs for me to come back and I'm a softy/ idiot and have gone back.

    He is a partner of a company that turns over up to 3 million a year. When I met him the business was only a year or two old and turning over probably about 1 million. I have also worked unpaid on this business. My problem is I realize I don't want to be with him anymore. I have moved back into my own house (rental)with my daughters but still date him. I no longer want to even date him but now he says all my money is gone and that I've spent it.

    I know that I've maybe spent $30000( that's going large). My question is can I get the rest of my money back?
    Kind regards
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Concernedness,

    If you have lived with this boyfriend for some years you may qualify for a property settlement through the Family Court as a de facto couple.

    The Family court can determine financial matters of a facto relationship which has broken down in the same way as married couples being able to adjust property interests, award you funds or maintenance payments. However you must apply for de facto financial orders within two years of the breakdown of your relationship. This avenue also allows the court to conduct a financial examination of your ex to determine where the money is or where it has gone. There's more information here De facto relationships

    Otherwise if you are not eligible for this, you could institute civil court proceedings to sue him for the money on the basis that he held it on trust for you as a trustee. Breach of a trustee's duty is serious. I would speak with a lawyer about it, they will be able to provide detailed advice and recommendations based on your circumstances. Or see your local community legal centre.
     
    Ivy and Concernedness like this.
  3. Concernedness

    Concernedness Member

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    Thank you very much Sophea for your advise. I will look into what you have recommended. At least I know where to start now. Again thank you
     

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