Hi all,
I need some help on where to turn next or what to do. I am not sure if I was in a de facto relationship at the end, but we were earlier on in the relationship.
Myself and partner - English and Korean (now both Australian Citizens and she came in on my de facto visa - but we broke up for 2 years after this happened twice an got back together later.
We met overseas while working in the Maldives - we then travelled and came to the UK where we decided to move to Australia. After a while living and working and study. I became a temporary resident, permanent and then an Ausralian Citizen. My then-partner who was overseas for the 1st year came and joined me and also became a citizen later.
Long of it is we had been off and on for years, met in 2002, moved to Australia 2007-8. After we were defacto, we split up. I moved from Brisbane to the Sunshine Coast and we were not together for 1-2 years. Then she came to the Sunshine Coast but after a while was not working, so she returned to Korea for almost 2 more years. In this time I saw other people and we had almost no contact, but she asked to return and I was single again I took her back.
We started living in my Family Unit on the Sunshine Coast together, so we had no real bills except for food, then when they decided to sell the unit, I decided to use my inheritance to buy a house in the Sunshine Coast.
I rented a place for a couple of months before moving in where we stayed together. Then I bought a house outright, all in my name and we both moved in. I did 95% renovations and she helped a tiny bit at first, but soon she also not happy and we were sleeping in separate rooms again.
We had many arguments and she became abusive and violent several times over several years (throwing stuff, scratching and screaming like a crazy person where I just sat and took it or left and went out}. I asked her to move out but she never did. So basically living as more roommates in same house different rooms. We hadn’t slept together in years anyway or any sort of intimacy. Several times I threatened to call police but being a 6’3” man and a small Asian woman I didn’t.
Anyway, she refused to move out so I decided I needed a break and returned to the UK. After a month or so here at the end of 2007, I messaged her that I am not coming back for now and we should break up.
I said she can stay in the house for a bit until she sorted herself out and had no more contact with her for a while.
Then beginning mid-2018 I said if she wants to stay then she can help out with bills and pay some rent. We agreed on an amount $1000 a month including bills and internet and use of my car (my parents' car which they left for me to use when they sold their unit).
NB - my parents are English and only came to Australia over Christmas for few months most years - on a tourist visa (they owned a unit and a car there.
So since 2018, she has been paying monthly this $1000 a month, but bills are increasing and other costs, car insurance (she crashed it twice so premiums increase), etc., so I have said to her better she start paying her own bills more and this last time, the internet, etc., rent goes up after all.
I also have my stuff in the house - everything belongs to me - fridge, washing machine, sofas, kitchen pots and pans - everything I bought she didn’t contribute at all to the house, and as I have all my stuff including clothes and belonging in my house in Australia I thought this lower rent was fine.
Here is the problem -
Now she is emailing saying I promised to give her the car - which I didn’t. She suggested it but wasn’t really mine to give and she is making a statement she should have a share of the house - which I don't believe she should as was bought with inheritance money received when we were not together.
Nothing was bought with money we earned while together, and we were not really a couple when I purchased the house - just more like mates together (no sex or intimacy, etc).
We have no other ties together - no children, no joint accounts, no investments together - nothing.
So what is the best course of action under family law? What rights does she have?
I am in the UK now and have been since September 2007 (have not seen her since then) and no intention to return to Australia (maybe if she moves out I will go sort out the house and rent or sell it?)
What should I do as she is making threats of house shares and she even mentions the house was bought by us - it was only bought by me. I paid all, I signed all - she came to a few viewings with me and sat in the real estates a few times but did nothing to contribute or pay or sign anything.
So I don't know if we were considered de facto at the time?
It has been more than 2 years we have been apart and can she still claim anything as she is saying that she has a share in the house or stating in an email she deserves a share and do I want to go down this route?
Thanks,
I need some help on where to turn next or what to do. I am not sure if I was in a de facto relationship at the end, but we were earlier on in the relationship.
Myself and partner - English and Korean (now both Australian Citizens and she came in on my de facto visa - but we broke up for 2 years after this happened twice an got back together later.
We met overseas while working in the Maldives - we then travelled and came to the UK where we decided to move to Australia. After a while living and working and study. I became a temporary resident, permanent and then an Ausralian Citizen. My then-partner who was overseas for the 1st year came and joined me and also became a citizen later.
Long of it is we had been off and on for years, met in 2002, moved to Australia 2007-8. After we were defacto, we split up. I moved from Brisbane to the Sunshine Coast and we were not together for 1-2 years. Then she came to the Sunshine Coast but after a while was not working, so she returned to Korea for almost 2 more years. In this time I saw other people and we had almost no contact, but she asked to return and I was single again I took her back.
We started living in my Family Unit on the Sunshine Coast together, so we had no real bills except for food, then when they decided to sell the unit, I decided to use my inheritance to buy a house in the Sunshine Coast.
I rented a place for a couple of months before moving in where we stayed together. Then I bought a house outright, all in my name and we both moved in. I did 95% renovations and she helped a tiny bit at first, but soon she also not happy and we were sleeping in separate rooms again.
We had many arguments and she became abusive and violent several times over several years (throwing stuff, scratching and screaming like a crazy person where I just sat and took it or left and went out}. I asked her to move out but she never did. So basically living as more roommates in same house different rooms. We hadn’t slept together in years anyway or any sort of intimacy. Several times I threatened to call police but being a 6’3” man and a small Asian woman I didn’t.
Anyway, she refused to move out so I decided I needed a break and returned to the UK. After a month or so here at the end of 2007, I messaged her that I am not coming back for now and we should break up.
I said she can stay in the house for a bit until she sorted herself out and had no more contact with her for a while.
Then beginning mid-2018 I said if she wants to stay then she can help out with bills and pay some rent. We agreed on an amount $1000 a month including bills and internet and use of my car (my parents' car which they left for me to use when they sold their unit).
NB - my parents are English and only came to Australia over Christmas for few months most years - on a tourist visa (they owned a unit and a car there.
So since 2018, she has been paying monthly this $1000 a month, but bills are increasing and other costs, car insurance (she crashed it twice so premiums increase), etc., so I have said to her better she start paying her own bills more and this last time, the internet, etc., rent goes up after all.
I also have my stuff in the house - everything belongs to me - fridge, washing machine, sofas, kitchen pots and pans - everything I bought she didn’t contribute at all to the house, and as I have all my stuff including clothes and belonging in my house in Australia I thought this lower rent was fine.
Here is the problem -
Now she is emailing saying I promised to give her the car - which I didn’t. She suggested it but wasn’t really mine to give and she is making a statement she should have a share of the house - which I don't believe she should as was bought with inheritance money received when we were not together.
Nothing was bought with money we earned while together, and we were not really a couple when I purchased the house - just more like mates together (no sex or intimacy, etc).
We have no other ties together - no children, no joint accounts, no investments together - nothing.
So what is the best course of action under family law? What rights does she have?
I am in the UK now and have been since September 2007 (have not seen her since then) and no intention to return to Australia (maybe if she moves out I will go sort out the house and rent or sell it?)
What should I do as she is making threats of house shares and she even mentions the house was bought by us - it was only bought by me. I paid all, I signed all - she came to a few viewings with me and sat in the real estates a few times but did nothing to contribute or pay or sign anything.
So I don't know if we were considered de facto at the time?
It has been more than 2 years we have been apart and can she still claim anything as she is saying that she has a share in the house or stating in an email she deserves a share and do I want to go down this route?
Thanks,
