QLD Does Ex De Facto Partner Have Rights to Share My House?

[sammy01]

ok so just meeting de-facto doesn't mean she is entitled to a huge chunck of your stuff. I was married, lived together for 8 years and that meant that I was entitled to keep most of the $ I brought into the relationship. Oh then she has the 2 yrs to apply after separation? what grounds does she have for the delay?

Most importantly, if she thiinks it is defacto let her apply to court and cop those expenses. I reckon she won't bother because any decent solicitor will tell her she's got nothing

 

[Atticus]

Hi Mark...

I too have read that other legal site... Basically a fairly thorough description of how a de facto is defined & WHAT SHE WOULD HAVE TO PROVE that it did exist at a point in time that you say it no longer did,ie, about 5 years ago.... That's if she was granted leave to apply given that it's outside the 2 years...

The important factors here are that you can demonstrate a tenant/ landlord relationship by way of a rental agreement (you have that at least in her salary sacrifice paperwork)... Other important factor is that the house she is living in & renting was paid for by you alone from a relatively recent inheritance & no de facto relationship has occurred the whole time she has been there (she would have to prove otherwise if granted leave) Impossible with the evidence IMO...

 

[Mark Watts]

HI Guys
thanks for the reply again -
wow this is tough so much conflicting info - had reply from lawyer that if she goes holidays i can kick her out sell house but then she could take me to court and claim act of domestic violence (apparently QLD law) could call it that , then the court might re-instate her in house till family court sorted out .. getting complicated

Atticus - you mention there was No defacto the whole time she was in the house - rememeber when i bought it we moved in together same time and i stayed there for approx 2 years before I moved back to the UK then rented it to her 6month later .. unless you mean after she was renting (so i mean we could be classed as defacto in that house maybe) .

 

[Atticus]

had reply from lawyer that if she goes holidays i can kick her out sell house but then she could take me to court and claim act of domestic violence (apparently QLD law) could call it that , then the court might re-instate her in house till family court sorted out .. getting complicated

Dunno about the DV aspect, but frankly she could walk into any courthouse with a pack of lies & get an interim DV against you anyway these days....

My opinion is that you should treat her like you would any paying tenant, ie, a formal notice to vacate.. Look up Qld tenancy laws, probably a minimum of 21 days written notice... Just chnaging locks or selling up without notifying her could land you in trouble under tenancy laws or MAY suggest more of a domestic relationship...

Atticus - you mention there was No defacto the whole time she was in the house - rememeber when i bought it we moved in together same time and i stayed there for approx 2 years before I moved back to the UK then rented it to her 6month later .. unless you mean after she was renting (so i mean we could be classed as defacto in that house maybe) .

Still need to obtain leave after 2 years, give reasons for delay & show why she is entitled.... You paid for it out of your inheritance... I think her legal advice would be not worth pursuing, BUT, first things first, you need to get her out so look at tenancy laws

 

[Mark Watts]

Thanks mate - will look at the official notice to vacate first - and go from there , got a insurance claim going from hail damage and they might need replace roof so might chase that up first as someone needs to be there when do it and has already been assessed few weeks back ..
cheers for advice again ,,
Mark

 

[sammy01]

Yep treat her as a tenant. Mate even if she established defacto, doesn't mean she is entitled to half your assets, or $50 000 for that matter.
Treat her as a tenant - simple. IF she wants to pursue legal stuff in family law let her.... But I think she'll find she is wasting her time

 

[Mark Watts]

perfect Thanks will let you know how goes in the future
cheers Mark

 

[GlassHalfFull]

One final thing to mention... I know how easy it is to lie and get a DV order since the magistrate doesn't check any evidence at the time of granting the interim order... but how could she possibly be able to claim DV when she is effectively his tenant, he is living in the UK, and he simply follows the route of ending the tenancy legally? It might buy her a few months more in the house, but would NOT look good in terms of her honesty in the long run. I think she would be foolish to try.

But that still brings up an interesting question... is that actually an effective strategy to combat being evicted? Just make false allegations of DV against your landlord and voila - you get to stay!?

 

[Atticus]

Really depends on how much she is willing to BS to get a DV... She probably wouldn't mention that she is a tenant at the time of applying..... & because they WERE in a domestic relationship in the past that satisfies the criteria for DV.... That said, a DV doesn't remove his rights as a landlord & won't stop him from giving her a notice to vacate, or via a property manager/solicitor if it goes that far, which I doubt

All the more reason to treat her like a tenant

 

[sammy01]

I'd imagine it would be pretty hard to get the police to serve an avo on someone living on the other side of the planet?