VIC De Facto Separation quite tricky

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mabel

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13 April 2018
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This is tricky i was in a de facto relationship for 12 years and 7 months. We talked about our future together and discussed what we would do. I had my house and he had his house but he lived with me most of the time maybe once or twice a month he would go home and sulk if things weren't to his liking. He was a control freak. During our time together i even looked after his 32 y.o. son for a month when he had a breakdown taking him 3 times a week to specialists and neither him or his son even contributed to any of my bills or food. During our time together he would sometimes contribute to food but i paid all my bills he never contributed to any bills relating to my home. During the period we were together he bought a holiday home 5 years ago for us in his name only but i cooked, cleaned and helped maintain and paint it. I always drove us in my car the 3 hours there as he didn't like driving long distances. He inherited his mothers home 6 years ago and i helped look after it i mowed the lawn, painting and mulching the garden until it was recently sold. While we were together he collected 4 cars, i travelled with him to purchase them and i helped maintain them, cleaning them and taking them to car shows. He even garaged one at my house and one at my neighbours. I supported him like a wife, cooked, cleaned, did his washing. He walked out for no reason except i was giving too much attention to my 85y.o. mother who was visiting from interstate. He has since tried to paint a much different picture telling friends we weren't a couple and slandering my name quite viciously. Do i have any claim for any of the assets that he acquired whilst we were in our relationship, he purchased them but i maintained everything and supported him with everything he did as i thought we were together forever
 

AllForHer

Well-Known Member
23 July 2014
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Being that you were in a de facto relationship, you can seek a property settlement. That property settlement can be whatever you both agree to.

If you can’t agree, you can ask the Court to decide for you by filing an initiating application for a property settlement.

If you ask the Court to decide, the Court will ask four questions:

1. What is the value of the shared asset pool?
2. What were the financial and non-financial contributions of the parties?
3. What are the future needs of the parties?
4. Is the settlement just and equitable?

You should seek legal advice about what a fair property settlement might look like in your situation.

Hope this helps.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Do i have any claim for any of the assets that he acquired whilst we were in our relationship

Yes, see above. Keep in mind he can also make the same claim on your assets.

You have two years from date of separation to make a claim. But sooner is better than later.