QLD Is De Facto Entitled to Anything as Property Settlement?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Rhin0

Active Member
25 March 2017
7
1
34
Hi,

I have a de facto partner of 3 years. We have a chiId of 3 1/2years old. i had a reasonably large workers compensation payout prior to the relationship. I lived at home (my purchase, own outright) for the entire 3 years, we both lived off my savings, contributions to raising our child 50/50, contributions to housework 50/50 but I've also done many renovations.

She ran a small business from home drop-shipping on the internet in which she spent almost all profits on herself and she stole a substantial amount (between 5-10k) from me. She has substantial debt left to her from a previous relationship (who she is now back together with, go figure, abusive ex). She contributed very little - 100 dollars here and there for cigarettes while the mass majority was all me.

We lost tonnes of money over 3 years to stupid s**t but all at my expense. I have a 180k superannuation, she has around 20k. I've given her 30k to find a place so she can provide stability for our child so I can work and provide for us but she blew it all recklessly, plus a few 1000s here and there. I'd given her to get by and get situated

5 months have passed. I've had our child for 95% of the time since separation. She's collected single parenting payment fraudulently in full for full 5 months. She is still not situated and living in a bungalow in a caravan park and is 4 1/2 months pregnant. Her abusive boyfriend does not work and has been spending my boy's Centrelink payments with her on themselves.

They have behaved like immature idiots for 5 months and f****d up here there everywhere (too much to write) while I've looked after our boy, forked out trying to get her into a place and stabalised, so I can work again and provide for my boy. I have their antics all written down in a diary and text messages and recently have started recording phone calls and times we meet in person to hand the boy over (rarely, because he's almost always with me).

My child dislikes being at his mum's place because he dislikes her boyfriend and is constantly misbehaving ("screaming" for attention). She's called in tears on a couple of occasions demanding I come get him, which I happily oblige.

She claims she still wants to be a part of her son's life. Her constant "in and out" of his life and absence has be very damaging psychologically to him and he's autistic so he works well in routines, not constant chaos. I dread what he will think when her new baby is born and naturally wonders why that child is worthy of his mum's time but not him.

I'm at my rope's end of how to make ends meet now. I guess it's gotten this far because I don't want to tear mother and child apart but I have no means to get by anymore. I don't want to have to claim Centrelink and thus she ends up under investigation and in deep s**t. I mean she's pregnant again. I can't work cause she's incapable to look after our son reliably. I'm out of options.

I tried to get an au pair in (live in nanny) but got a scam profile one, unluckily. Ex has even refused to look after our boy when I offered to drop him off in the morning, pay her babysitting money and pick him up again after work, when I got a job offered to me from a mate recently.

Anyways, will this totally irresponsible and immature woman be entitled to something if she takes me for property settlement just because of the child we have together?

I've heard that once a child is in the equation, the whole game changes and one party is not allowed to walk away with 0%. This heinous woman, I firmly believe, deserves not a dollar more from me. How can I best prepare to utterly demolish her, should I attempt it? Also, I have no means to provide for my boy anymore without her looking after him 5days a week.

So sorry for this long-winded post. Thanks a lot to anyone who bothered to read it all, let alone answer some of my questions or for even lecturing me afterwards.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi again,

I don't have a lot but I do know that she could put a caveat on the property prior to the sale. She probably does have a right to at least a potion of the proceeds from the sale and you probably need to speak with a lawyer to make sure you get your ducks in a row prior to sale.
 
  • Like
Reactions: Rhin0

Rhin0

Active Member
25 March 2017
7
1
34
Yeah, definitely need the lawyer part but can't afford one. I do know that hand-written, dated diaries are worth their weight in gold in court especially with corresponding texts that validate it all. So are voice recordings obviously.

I guess I'm just racking up more and more evidence of her chaotic behaviour. Absurd though, that she would have any entitlement at all. Totally undeserving. Now I understand stay at home mums deserve a share while dads work or whatever but in my case, I paid for everything (very nearly), changed as many diapers, cooked as many meals, etc. and I added value to the home I bought entirely myself.

She had her little business going which she stole and funneled some of my money into, which she, btw, sold almost all her collected up items, after we split. Items she bought many off my credit card. That's what she's left behind - a tonne of clothes, lots worthless, some valuable. She has it all posted up for sale and she, literally, comes and gets our son for 1 day but conveniently grabs just the items she's sold recently and leaves the rest. And she still possibly has some entitlement. Makes me sick.

If she ends up having some entitlement (somehow, utterly ridiculous if she does), I'm willing to sacrifice some super but I don't want to be forced to sell the house or buy her out on it. She will have then, utterly, ruined my life, if that's the case.

Beware, any young fellas out there, beware. Make damn sure you've got a good one before not using a condom. And, for the love of your own life, don't let any partner move in with you until you are absolutely positive, she's not a bad apple. And, in this day and age, there's a lot of bad apples out there. Men and women. Or rather, boys and girls, in the case of bad apples.
 
  • Like
Reactions: Lance

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Get yourself to Centrelink - get the payments you're entitled to. Don't let her rip you off (and the tax payer) any further.

So once you get the benefits you're entitlted to, you can then sort some child care for your child and you will be able to go to work

So let me get this right - you don't want to get money you and your child are entitled to because your ex, who was screwed you over pretty bloody extensively will get into trouble. Mate there is a difference between being nice and being stupid...

She is getting money she isn't entitled to - do you know who is really entitled to that money? Your child. Far as I'm concerned she is stealing from her own kid.
 
  • Like
Reactions: Rhin0

Rhin0

Active Member
25 March 2017
7
1
34
He goes to child care Mondays and Fridays already and can't get him in anymore days. And they just recently told me they don't have the resources to have him anymore because he's become so demanding. Mainly cause mum reappeared in his life for a couple weeks but is gone again now.

I've got my hands full with him as it is. He is a full time job since his mum's f****d his head up so much.