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VIC How to Start a Property Agreement with De Facto?

Discussion in 'Family Law Forum' started by Proculeius, 13 October 2015.

  1. Proculeius

    Proculeius Member

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    Hi Legal Members,

    I'm a home owner which is in my name and I live with my partner of 2 years, which would make us de facto. This is where it gets tricky, she pays 'rent' which is 1/2 of the weekly repayment and has been for quite some time. I want to organise a legal agreement/document which states that if we were to go separate ways, that the house could not be contested in court.

    I've seen such things as tenant agreements and cohabitation agreements, but are they worthwhile, and will it stand up in court? If this a family law or property law situation?

    Anyone else been through a similar circumstance? Much appreciated.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Well, technically, it can be both, but I would be more inclined to place it under family law than property law because it would be governed by a property settlement.

    As such, you might like to look into signing a Binding Financial Agreement with your de facto partner which indicates how assets will be divided (or not divided) if you go your separate ways.
     
    Proculeius likes this.
  3. Proculeius

    Proculeius Member

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    Thanks for the prompt reply AllForHer, I guess I'm looking at finding out how much a lawyer would charge to arrange and draw up such an agreement I guess.
     
  4. AllForHer

    AllForHer Well-Known Member

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  5. Proculeius

    Proculeius Member

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    All good! You've been very helpful! :)
     
  6. Proculeius

    Proculeius Member

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    What are your expert opinions on producing your own contracts, such as a property agreement or financial agreement? There are hundreds of templates online which ask you to sign/provide witnesses, however, would it stand up in a courtroom?
     

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