NSW Defacto with separate life

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Nickie

Member
23 August 2020
2
0
1
Sorry if this is a long question but I am in need of a legal answer to where I stand. I met my partner approximately 30-35 years ago and fell madly in love and of course trust came with it as is usual. My partner had been married at 18 and him and his wife had a baby girl 7 months after the wedding. The daughter is now in her 40’s and was raised most of her life by her mother and her partner who she has been with for approximately 40 years. Several years went by and my partner formed another attachment which lasted about 10 years and a son was born to them who is now married with 2 children and is 33 years of age.
I had been with my partner just about 2 years after he has parted from his sons mother. When I met J (it’s easier calling him that), he had told me he was coming into a fairly substantual amount of money from a car accident. I took this with a grain of salt as he tended to exaggerate a lot. I knew he had come into some money when he was with his sons mother from a car accident and-an inheritance Due to his father having previously died before they parted. They bought a block of land and built a 2 story brick house but when they parted he signed the house over to her with the condition that he would be able to see his son whenever he wished and it was suitable also as he wasn’t fit to work from the accident he wouldn’t be paying any child support.as it turned out J came into a reasonabLe amount of money several years after living with him. He paid out $60-70,000 dollars to his daughter for a deposit on a house and repayment on a car. His son was bought a brand new small dirtbike as he was young at the time and then a relatively cheap first car. His mother is a pathologist, earns great money , plus their is family money and the son is the only child and so will be looked after financially. after J an I had been together for about 8 years, living together as husband and wife in all ways that matter except for a marriage certificate he put me on the will in case of anything happening to him and it stipulated that I could live in the house forever ,as he owns it, if I wished or if I wanted to sell it, his daughter and I would go 50/50 in the sale of it and any monies although I don’t think their would be. My stupid mistake was going single with Centrelink and not as a defacto. At the time I trusted him but now he keep threatening me if he wishes to throw me out of our house if he so wishes as he and his son have become very close. I have paid my way in more ways then one as I have worked ( off the books) and paid for tour through Europe as well as a cruise. Paid $3000.00 for his son and wife’s honey moon, paid $18,000.00 for a car , as I has a cheap one that I bought from my parents for $2000.00 and paid $5000.00 for a motorbike for him. Most of the furniture came from my parents house and we have each paid halves in bills and groceries. Can you please tell me where I stand. Our relationship hasn’t always been loving, on bothsides but I have never been unfaithful, nor he either I believe although he has certainly been violent on quite a few occasions. Please tell me where I stand as we are both in our 60’s. Thankyou.
 

Atticus

Well-Known Member
6 February 2019
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2,394
A fair amount above that is probably not relevant to the question... Not esay to determine exactly what the relevant facts are either.... the answer to just some basic questions will help

1) How long have you been in a de facto relationship (with J)?
2) Are you still together, if not how long have you been separated?
3) What assets did you both bring into the relationship?
4) How long have you been claiming centrelink payments as a single?
5) When you say you have worked 'off the books' , doe's that mean your income was undeclared, to centrelink & ATO?
6) Are you named on the house title or mortgage?
 

Nickie

Member
23 August 2020
2
0
1
I have been in a defector relationship with J for approximately 30 years.
Yes we are still together
The only asserts was that I owned a car and a little bit of furniture
I have been claiming disability pension payments for a single about about 25 years. I will be on a senior pension next year
Most of my income was undeclared.
No my name is not on the house deeds
 

Atticus

Well-Known Member
6 February 2019
1,827
259
2,394
Yes we are still together ..... No my name is not on the house deeds
Can't do anything about settling property via family law unless & until you separate .... If that happens, one of the first things you should seriously consider is to take out a caveat on the property...

While you are still together, you can look at agreeing to a Binding Financial Agreement that will set out what is to happen to assets in the event you separate.