NSW De facto relationship - Unclaimed Property

Discussion in 'Family Law Forum' started by Cally, 2 March 2018.

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  1. Cally

    Cally Member

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    Hello all,

    I ended a four-year de facto relationship in October 2017. My ex-partner owes me money for loans, damage to my car and money he stole from my bank account. I have spoken with Legal Aid who have advised that I should try to resolve the matter with him first, if that does not reach an outcome, contact an independent dispute resolution service. If an outcome is still not reached I can lodge a claim with the Federal Circuit Court?

    He has been unresponsive to calls, emails and letters since December 2017. I do not wish to pursue the matter in court.

    He collected most of his belongings in December 2017, but I still have two bags of his personal effects. Clothing, etc. I would like him to collect them or to dispose of them. How much notice do I need to give (in writing)? Is this covered by Property Law? I just want to make sure I am doing the right thing.

    Many thanks,

    Cally.
     
  2. AllForHer

    AllForHer Well-Known Member

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    This is family law and it would fall under property settlement because you were de facto, so by going after him for debts, you'll also find that he's probably going to have some entitlement to your assets.

    Property settlement is costly and the stuff you're talking about is fairly menial, so you may be better off just cutting your losses and running.
     
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  3. Cally

    Cally Member

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    Thank you, I have come to that decision. Do I need to hang on to his personal possessions until he gets around to collecting them? Can I just dispose of them? Do I need to give him some kind of notice?

    It is only a couple of bags of clothes, etc. He collected most of his possessions in December.
     
  4. Rod

    Rod Lawyer
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    You need to give notice. Suggest 30 days would be sufficient as long as he is around and hasn't for instance gone overseas.
     
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