WA De facto Relationship - Can She Kick Me Out?

[Niall]

I have been in a de facto relationship for 18 years and am in the process of breaking up with my partner. We have a house together and have basically split everything 50/50 in those years. She wants me out of the house asap but I do not want to leave until everything is sorted out, i.e.

1. We split the profits of selling the house 50/50 or at the moment she is looking to the bank for a loan so she can pay me out (I hope 50/50 in an amicable way).
2. She says I can have all the access to my 7 year old daughter as much as I want but I want this in writing.
3. She wants to put me out so she can keep the house, but I think if we put it on the market we could possibly get more for it and then split the profits. She will not agree to this as she wants to stay in the house and says it will provide stability for our daughter but if we see on the market then she will have to find a new place and start all over again. I haven't yet seen her offer but hope that it would be a fair one 50/50 property settlement.

What I want to know is basically, can she kick me out right now as that is what she says she wants?

 

[AllForHer]

When you say 'kick me out', how would she execute this? She can't evict you because you both own the house, but either of you can, for example, change the locks or apply for an AVO limiting the other's access to the house.

That's when things start to lose their amicability, though, and that's when there's a risk of court proceedings and withholding kids and refusing to agree about property settlement, so it's best to do what's necessary to keep the peace.

You are right to want everything in writing though, especially regarding the child. Perhaps you could consider attending a family dispute resolution conference so you have the support of a third party to help you both reach agreement and get it all on paper.

 

[Sophea]

Hi Niall,

I agree with AllForHer. Since your matrimonial home is “jointly” owned, both you and your partner have a concurrent legal right to occupy it.

Therefore, you are within your rights to change the locks but your ex is within his rights to hire a locksmith to obtain re-entry to the premises. The best way is to come to an agreement with your ex or get a court order.

But as AllForHer has pointed out, when deciding whether to grant you orders of exclusive occupancy they will examine the financial capacity of either party to rent elsewhere, care arrangements for children and how one party moving out would affect care giving to the child. It will also take into account any violence or other unpleasant conduct between the parties and the impact of this on children, and whether or not the premises is capable of housing both partners separately with little to no contact or common areas. And as such this option is kind of a last resort.

 

[Niall]

Hi Niall,

I agree with AllForHer. Since your matrimonial home is “jointly” owned, both you and your partner have a concurrent legal right to occupy it.

Therefore, you are within your rights to change the locks but your ex is within his rights to hire a locksmith to obtain re-entry to the premises. The best way is to come to an agreement with your ex or get a court order.

But as AllForHer has pointed out, when deciding whether to grant you orders of exclusive occupancy they will examine the financial capacity of either party to rent elsewhere, care arrangements for children and how one party moving out would affect care giving to the child. It will also take into account any violence or other unpleasant conduct between the parties and the impact of this on children, and whether or not the premises is capable of housing both partners separately with little to no contact or common areas. And as such this option is kind of a last resort.

Hi and thanks for the reply. I wasn't talking about exclusive occupancy and would just like to be in the house until everything regarding access to my daughter and buying me out/selling the property and splitting it financially equally or a fare percentage as we both put in an equal amount or close to it over the years. I am away all next week, but she has agreed to have a talk tomorrow so maybe then I'll know a little bit more.

Thanks once again. It's good to get different views and other peoples different ways of looking at things. Anything else would be greatly appreciated