NSW De Facto seperation. I am bread winner AND primary carer to child

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


27 July 2019
Looking for advice. I am in a de facto relationship with a New Zealand citizen who is not a resident or citizen of Australia but of course has full work rights for Australia. I bought an apartment BEFORE i met my partner with my parents as guarantor. I rented out my apartment to start with while living with my parents. I met my partner and then we moved into apartment together 12 months later. We have now lived together for 6 years and have 1yo son. I want to seperate, but he refuses to move out of my apartment. I am willing to move out for a while but he said he wont pay the mortgage if i move out. The mortgage is in my name. I only work 3 days per week and i am the primary carer of my son. I have an option to take my son and live with my parents, but if my partner wont pay the mortgage when I’m gone.. i don’t want the bank to foreclose on my house. I don’t know what to do. Am i stuck with him and his lazy money borrowing mother for the rest of my life? He only pays $350 per week for rent, bills and groceries, he didn’t even increase that when my son was born and i was on mat leave.


Well-Known Member
6 February 2019
Have you considered separation under the same roof?... You can then initiate a property settlement & seek interim orders for sole occupation or perhaps spousal maintenance if both your financial circumstances warrant it