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QLD Property Settlement - Am I Entitled to Half of Ex's Property?

Discussion in 'Family Law Forum' started by John carlos, 21 August 2015.

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  1. John carlos

    John carlos Member

    21 August 2015
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    My ex and I split up 18 months ago. I lived with her in a house she owned. She received the property of her daughter's dad instead of maintenance payments. In that 5 yrs of living together, I supported her and my step kids and our son - he is 4 yrs old. I left that relationship with my clothes.

    My question is, am I entitled to half the property as property settlement, as over the 5 yrs of living together I paid most of the expenses of our family's needs?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi John Carlos,

    There is no law or rule that entitles either party to a relationship to half of the assets or property. This is a common misconception.

    Property settlements may be negotiated between the parties on any terms they wish. That means if she agrees to it you can have 100% of the property (unlikely, but nevertheless legal). If you can't agree on it, then you can opt to go to mediation where you come to your own agreement, with the help of a mediator.

    If you still can't come to a resolution regarding your property, then you can go to the court and request orders for the division of your assets. In order to do this you must have been either married or in what the court recognises to be a de facto relationship. The court will then go through a 4 step process in order to determine the most just and equitable division of your assets taking into account the financial and non financial contributions of each party to the relationship.

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