QLD Defacto relationship break up

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Danilou

Member
2 November 2019
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My partner of 24 years has broken up with me. We have 2 kids, 12 & 14. We have a house, 2 cars (1 financed) 1 boat, pets etc. He works in the mines, 2 weeks on 2 weeks off. Will I be able to stay in family home (we have mortgage) with kids, when we sort out property etc? I work part time, won't be able to pay partner out his sharr of house, but can pay mortgage.? We bought home 15+ years ago. If we sold house, i probably wouldnt be able to buy a new house as do not earn enough money to get mortgage, and I would not be able to afford rent, or even be able to find property for rent that would allow all pets, as he works away he wouldnt be able to have pets.
 
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sammy01

Well-Known Member
27 September 2015
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Look if the bank will lend you the $ then you're sweet. It is more to do with the banks than family law (kinda) but your ex will want his share of the assets.
My suggestion is if the ex agrees to keep his super and you keep the house.

So everything, including super is part of the asset pool. So that is one avenue to consider trade off the super for the house, but there are issues. He can't access his super until 65. So he walks away with no tangible assets now.

BEST advice - keep things amicable. Otherwise you will give a huge chunk to solicitors. NO ONE WINS BUT THE SOLICITORS
 

Danilou

Member
2 November 2019
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1
Thank you, that puts my mind at ease.

With regards to what I should do before we come to an agreement, ie bank accounts, child support, bills, where he lives etc what would you suggest?
 

Mia Smith

Member
2 November 2019
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Every separation, every break-up is so different and there are so many unique situations and elements to their relationships that only a legal professional will be able to advise specifically on their situation. A de facto relationship in which two persons who are neither, married nor related by the family have stayed together like a couple for at least two years, may or may not have a sexual relationship. It is difficult to deal with a de facto relationship break-up.
In de facto relationship two situations are common. First, the de facto case can solve through meditation if there is no conflict. second is to approach the court for property settlement. De facto law case can be complex so it's always recommended to take legal advice from meditation and separation solicitors.