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SA Property Settlement - Entitled to De Facto Partner's Money in Bank Account?

Discussion in 'Family Law Forum' started by Karen Draper, 21 January 2016.

  1. Karen Draper

    Karen Draper Member

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    I'm in a de facto relationship. We have always had separate bank accounts and he is "hiding" money.

    Am I entitled to half of it in property settlement if we split up?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Not necessarily.

    Property settlement is determined by the following:

    1. What's the value of the shared asset pool?
    2. What were the financial and non-financial contributions of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?

    If you have only been in a relationship for a short time, it's likely each party will walk away with the assets they had before the relationship commenced.

    Therefore, the "hidden money" will likely form a part of the shared asset pool, but whether or not you receive any portion of it depends on your personal circumstances around whether how each of the remaining three questions is answered by your circumstances.
     
  3. Karen Draper

    Karen Draper Member

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    Sorry, I was a bit vague with my question.

    My partner and I have been in the relationship for 25 years. We both had homes that we sold and bought one together. We have both equally worked and contributed to paying off our mortgage and have purchased an investment property.

    I have not worked full-time for a few years now and have been a carer for my elderly mother. In this time, my partner has paid most of the utility bills but I pay for other incidentals such as food, internet connection, my own car, insurance, etc. Plus I have always done all the household "chores" (cleaning, washing, cooking etc).

    I have supported myself in all this time - my partner does not give me "house keeping".. We are experiencing "issues" in our relationship and he is claiming "his" money is his.

    I thought it would be 50/50 after this amount of time. Just feeling nervous.

    Thanks for reply.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Cheers for the extra information. A 25-year relationship is significant, so it's likely all assets will be considered shared, including the undisclosed account. I can't comment on percentages and who will get what, but if you attend a mediation conference to negotiate an outcome, most couples start at equal split and then adjust according to contributions and future needs.
     

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