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WA De Facto for 10 Months - Does Ex Have a Claim?

Discussion in 'Family Law Forum' started by Kevindandy, 16 May 2016.

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  1. Kevindandy

    Kevindandy Member

    16 May 2016
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    I allowed a woman and her 3 boys to move in with me. I want her now to go back to Queensland where she came from. She says she spent money coming to be with me. She says she has organised the house and some renovation work. All of which I paid for. She was paying what I call rent but she calls it contributions. She has slightly helped with arranging my business plans in time only not monetary.

    Do I have to share any of my assets with her after only 10 months? Does she have a claim? Also, I want her out ASAP as I have met another woman. What are my options?

    We did live de facto the whole time but I paid for everything. She worked and contributed small amounts...

    Help please
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    Does she have a claim against your assets? Nope (not really). She can make a claim but I doubt a magistrate would be interested given the length of the relationship. So let her try. It won't be worth her while because of solicitor's fees.

    So now you just have to get her out of your house.
  3. Sophea

    Sophea Well-Known Member

    16 April 2014
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    You can only seek a court directed property settlement if you are considered a "de facto couple" and if you have been in such a relationship for 2 years OR there is a child of the relationship under 18 OR the person applying for the order has made substantial contributions to the family (financial or otherwise) and would suffer serious injustice if orders were not made.

    A de facto relationship is defined as a couple living together on a genuine domestic basis. In determining whether this is the case the court will look at:
    • the length of the relationship;
    • the living arrangements;
    • whether there is or was a sexual relationship;
    • the way finances were arranged;
    • whether you owned property together and how you bought it;
    • whether your relationship was registered under state or territory law;
    • whether you had or cared for children together; and
    • the way you presented your relationship in public.
    I agree with @sammy01 , I don't think your ex would succeed in an attempt to apply for a property settlement and the legal costs would not be worth it.

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