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NSW Forced to Rent Ex's Property - My Rights under Family Law?

Discussion in 'Family Law Forum' started by Eagle37, 17 November 2015.

  1. Eagle37

    Eagle37 Member

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    I have been living in my ex's property since Jan this year, myself and his kids live here. He works interstate and comes back every 3 weeks, and resides at the property. We get along as friends however in June this year he made me sign lease papers to rent the property (he said it was purely for business purposes ) as he had brought 2 other properties...Anyway, I wasn't comfortable in signing as I had just gone on maternity leave from work and had his baby in July. He told me his child support money would cover the rent so I didn't really lose out!

    Well, 98% of the child support money he gives me every month goes on the rent and I am left with $200 to last a month !! So really he is not forking out because I am pretty much paying his mortgage and it goes back to him.

    I don't get money from Centrelink due to his income so literally I am reliant on him. (I hate to be as I have always been independent and worked). Anyway, I came to a financial hitch a few weeks ago where I was not going to be able to pay the rent (2 weeks). I called him and advised him on this and asked if he could help out. He told me to "f off" and he wasn't going to (we had been arguing beforehand) so I made the decision to pay what I had to and not do the rent...


    Now he is taking me to tribunal, and the real estate have sent me a termination letter to move out...I was advised I didn't need to move as I am entitled to 70% of the house as I have his kids....However, I never wanted any of the house and was happy to just walk away with nothing, however due to not working I have nowhere to go and unable to rent elsewhere due to no extra funds...

    What are my rights under Family Law? Do I have to leave in this instance? Can the real estate agents kick me out?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Since you share kids together, you are (or rather, were) considered de facto, which means that any property in which he has an interest, you also have an interest and are therefore entitled to a portion of it in a property settlement (though I doubt it would be 70%). One missed rent payment is very unlikely to lead a tribunal to evict you, but you should consider filing for a property settlement so the matter can be properly addressed in the federal courts, rather than state courts.

    If the court were to make an order for a property settlement, it would consider the following factors:
    1. What is the value of the joint asset pool? (This includes the house in which you are currently residing);
    2. What are the financial and non-financial contributions of each party? (Financial and non-financial contributions are considered of equal weight, so if you cared for the kids, kept house and paid rent, your contributions will likely be considered to equal to his paying the mortgage);
    3. What are the future needs of the parties? (If you have care of the kids and are less employable due to less experience, then that will be considered a significant future need); and
    4. Is the settlement just and equitable? (That is, is it fair? You getting kicked out and left with care of the kids and nothing else is not going to be an equitable outcome).

    The first step toward a property settlement is to organise a family dispute resolution conference. You can do this through Legal Aid, who also offer free legal advice for family matters.

    The rental contract between you and your ex may not be considered valid because of the domestic relationship between you both, but I would suggest speaking to a property lawyer about this for more specialised advice.
     
  3. Eagle37

    Eagle37 Member

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    Thank you so much for your reply - I will look into this......:)
     

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