QLD Property Settlement with 7-Year De Facto?

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Numbone

Active Member
8 January 2018
7
0
31
My 7-year de facto relationship has come to an end. My ex has said because she purchased my car and boat she is going to take them back. Both are in my name and there have been many other benefits she has received over the last 7 yrs as my partner through ADF.

If she has a car and I have a car. Can I press to keep mine under the fair and equitable division of property settlement or can she leave me carless?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
A property settlement can look like anything you and your ex can agree to, so if you don't want to give her your car, you most certainly don't have to. If you can't agree, though, and ask the Court to decide, it's a little more complicated than what has been implied by her intention to simply 'take the car and boat back'.

Basically, the Court asks four questions:
1. What is 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?

So, if the matter were to come before the Court, the first thing you should understand is that all property in which you both share a legal interest would be considered as part of the shared asset pool - including both cars (yours and hers) and your boat. She'd be entitled to a portion of that pool dependent on contributions and future needs, but whatever the circumstances, she certainly won't be entitled to all of it as implied.

You should get legal advice, though. It's mandatory to get legal advice for all property settlements, anyway.
 

shags2207

Member
8 January 2018
1
0
1
A property settlement can look like anything you and your ex can agree to, so if you don't want to give her your car, you most certainly don't have to. If you can't agree, though, and ask the Court to decide, it's a little more complicated than what has been implied by her intention to simply 'take the car and boat back'.

Basically, the Court asks four questions:
1. What is 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?

So, if the matter were to come before the Court, the first thing you should understand is that all property in which you both share a legal interest would be considered as part of the shared asset pool - including both cars (yours and hers) and your boat. She'd be entitled to a portion of that pool dependent on contributions and future needs, but whatever the circumstances, she certainly won't be entitled to all of it as implied.

You should get legal advice, though. It's mandatory to get legal advice for all property settlements, anyway.

What law stipulates that “legal advice is mandatory for all property settlements”. Yes for Financial Agreements but not at all for Consent Applications.