NSW Help with de facto property settlement and partner living in my house

[Rod]

The key msg in these cases is - every case is different. You have this notion of fairness that is blinding you. Forget about what is fair. Totally not relevant.

You negotiate a mutually acceptable figure or do nothing and let it play out in court. At the moment it is your choice how this plays out. Refuse to play ball and you get a judge who will listen to both sides and make a decision. Your notion of fairness has no part in the decision making process of a judge. Will your ex get something? Most likely yes. Will she get $65k? Most likely no.

Your ex has already done some maths. $65k if she goes to court less $15k costs = $50k.

How much are going to spend to get the figure close to what you want?

Question - is she bluffing about going to court, knowing she has already seen a lawyer who has said she will get $65k? You know her better than we do.

I say again, forget what is fair, the court uses its own rules, not yours. And it doesn't matter what I think. What matters is what does the ex intend to do.

 

[SJM1986]

Does anyone know when the relationship is deemed to have commenced and ended?

possibilities would be:

* When we started 'dating' or planning to move in together etc (June 2012)
* The date that we commenced living together (December 2012)
* The date that we became classes as de facto/the date our relationship was registered (August 2013)?

And what date would it be deemed to have ended?

* The date that we broke up and began sleeping in separate rooms (January 2017)
* The date that we filed to terminate the registration of the relationship (May 2017)
* The date that she moves out of my house (TBA)

i.e. how do we determine the de facto relationship commencement and end date?

I suspect that the brevity of the relationship will be significant in our case.

Regards,

Simon

 

[Rod]

Choose a begin date that is more advantageous to you.

Choose an end date that is more advantageous to you. Any of the options you listed are acceptable to a court.

You argue with supporting evidence why your dates are the best dates. Remember your ex may have different ideas on dates but unless significant property was acquired in the period between the disputed dates it won't make much difference overall.