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QLD Family Law - What is Sister's Partner Entitled to?

Discussion in 'Family Law Forum' started by Delphine, 3 July 2016.

  1. Delphine

    Delphine Member

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    My sister is trying to separate from her partner. He moved into her house two years ago. The house is in her name and all furniture and furnishing also belong to her (basically, he moved in with his clothes and his credit card debt). She pays the mortgage and all associated expenses. Although he has recently become employed for most of this time period, he has been out of work and she has basically supported him, paid all expenses and even paid off the amount owing on his car.

    Due to his controlling behaviour, the relationship has broken down and she has asked him to leave but he is refusing to leave. He is emotionally abusive and I am concerned it will escalate into physical violence. He has started waking her up at all hours of the night screaming at her, slamming doors and last night spat in her face.

    Please tell me where she stands under family law and with regard to his entitlement to any of her property as he is threatening to take 'half of everything' that she has worked so hard for.
     
  2. AllForHer

    AllForHer Well-Known Member

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    De facto or marriage?
     
  3. Victoria S

    Victoria S Well-Known Member

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    There is no automatic entitlement to "half" of the relationship assets. I am guessing that the partner in this scenario doesn't know a thing about what he is talking about when it comes to family law and property divisions.

    In certain circumstances, a spouse may apply to the family court to have a court ordered property settlement, but that is only possible if you are married or considered an eligible de facto couple by law. And as said previously, there is no automatic entitlement to "half".

    If you are not married, you must apply for de facto financial orders within two years of the breakdown of your relationship and you must satisfy the Court of all of the following:
    1. you were in a genuine de facto relationship which has broken down
    2. your relationship broke down after 1 March 2009; and
    3. one of the following criteria apply:
      1. your de facto relationship was for at least 2 years; or
      2. there's a child in the relationship; or
      3. the relationship is registered; or
      4. Significant contributions were made by one party and failure to issue an order would result in serious injustice to that party.
    If she can prove that their de facto relationship did not last 2 years and they don't have kids, then she might be able to prevent him from being able to apply to the court at all which would mean she retains all assets that are in her name. She may have some trouble claiming back whatever she paid for on his car loan.

    I would take steps to get him out of the house as quickly as possible and change locks. She can threaten him with a DVO if he tries to threaten her with taking assets.
     
    @thelawbundle likes this.
  4. sammy01

    sammy01 Well-Known Member

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    She has grounds for an AVO. She should go to the police. Don't overstate the violence but don't understate it either.

    Based on the information provided I don't think he has much of a claim on her assets. Not with a relationship of only 2 years...
     

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