defacto

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Tonicia

Member
18 August 2020
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My friend has filed a divorce with the condition/signed documents that their house will become the property of her husband and that she will no longer have the rights to the property. She gave up her rights but after some time she went back to live with her child (16 years old) and husband again. This time she wanted to leave the husband for good. The child wants to stay in the house. If my friend leaves, will the husband have the chance to file anything against her? Are they considered defacto ( they are together for 3 years now in separate bedrooms). Can she just live without any legal implications or complications?
 

Tim W

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28 April 2014
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Are they still technically married?
(no matter who sleeps where)
 

Atticus

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6 February 2019
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My friend has filed a divorce with the condition/signed documents that their house will become the property of her husband and that she will no longer have the rights to the property.......... after some time she went back to live with her child (16 years old) and husband again
IMPORTANT >>>>

1) Are you saying that before her returning 3 years ago, that they divorced AND did a FORMAL property settlement (as in STAMPED by the court)?
2) Apart from being in separate bedrooms, do they share anything as a 'married couple' ... EG, share finances, attend functions, outings together, share in the household duties, share meals etc?
 

Tonicia

Member
18 August 2020
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0
1
1. they are already divorced when she returned back home because of the child. the house is still both in their names. is it considered defacto? can she live and get her own place.
2.yes they share everything.
 

Atticus

Well-Known Member
6 February 2019
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the house is still both in their names.
I'm going to assume then that here are NO formal property orders in place from the divorce (if there was, the joint title would have been dealt with at that time) .... In that case, anything she may have signed back then saying she no longer has right to the property, would be a worthless non binding, unenforceable piece of paper (Assuming as I say, that there are no formal orders or binding financial agreements in place)
is it considered defacto? can she live and get her own place.
2.yes they share everything.
If there were never any legally binding formal orders/agreements, then their current living arrangements (whether de facto or not) may not be as important regarding her rights to getting a fair & just division of assets .... She can leave & find her own place, OR, remain separated under one roof while she files for property settlement...

Only relevant factor that might come into play is the 12 month limit from divorce to file, BUT, the renewed living arrangements (which it seems *may* be regarded as de facto in spite of separate bedrooms) could well 'reset' the clock...

She should see a family law solicitor to go over her circumstances in detail, to advise on her rights to property & asset division