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

[John carlos]

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 years of living together, I supported her and my step kids and our son - he is 4 years 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 years of living together I paid most of the expenses of our family's needs?

 

[Sophea]

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.