VIC Rights to Property Settlement with De Facto?

[HWL]

I was in a de facto relationship with my ex partner for ~ 12 years, before we separated in ~ 1998/9. We bought a house together in 1986/7. It was a 50:50 ownership, and we lived together, until we separated.

We don't have any children together, but never formalise division of our assets, as my ex partner got a job interstate, and moved there with his new partner. During that time, I continued to live in the house that we owned. He still has a few of his belongings there. While he did not charge me rent, I paid for all ongoing costs associated with the house over the years. eg. rates, house insurance, repairs, gardening, etc, etc.

My ex partner is now retired, and has returned to live in Melbourne with his partner. In the past 9 months, he has been continually to our house, and discarding my personal belongings, without my permission, almost on a weekly basis for 6-7 months (Sept 16 to April 17). I cannot be at home 24/7, as I'm still working.

I want to buy my ex partner's 50% share of the house, to protect my belongings, and to fully move on from him. So, I hired a professional valuer to value our house. I then offered my ex partner half the valuation to buy his half share. He has flatly refused, and demanded I pay him 70% of the valuation figure, before he will sell me his half share.

Do I have any rights here? My ex partner, has substantially more cash and assets than me. He has 2 other properties, in Queensland, and Melbourne. His Melbourne property was bought before our relationship started, while his Queensland property was bought, after we separated. The only property I own is the 50% stake in the house that I own with my ex partner, and which I still live in.

 

[sammy01]

Change the locks...If he breaks in, then you have grounds for police to deal with him... They could put a restraining order on him..

Look this is a mess. He sounds pretty unreasonable.... The best thing would be to come up with an agreement with him.... Maybe sell the thing and split the proceeds 50/50 or according to some sort of agreed split.

I reckon you are going to need to see a solicitor

 

[HWL]

change the locks.... If he breaks in, then you have grounds for police to deal with him... They could put a restraining order on him..

Look this is a mess. He sounds pretty unreasonable.... The best thing would be to come up with an agreement with him.... Maybe sell the thing and split the proceeds 50/50 or according to some sort of agreed split.

I reckon you are going to need to see a solicitor

Thanks Sammy for your help. I have made appointment to see lawyer for this week. I did change the lock to front door, but he broke it to gain entry.

For months, every week, on rubbish night, I had to retrieve my belongings from the rubbish bin before rubbish truck comes. He said the house was untidy, and the things he threw out was rubbish. However, I found items: my letters, clothes, shoes amongst the rubbish.

I only put up with all this, while I was waiting for bank to approve my home loan, after working 2 jobs, because I thought I would be able to buy his half share at 50% valuation cost. But, unfortunately, he wants me to pay him 70% valuation before selling his half share to me.

 

[Rod]

Get a security camera, record what he does and ask the police to have him charged with theft. He is not allowed to go into your home and remove your property. Doesn't matter the property was found again. His intent was to permanently deprive you of your property by putting the property in the rubbish.

If you fear for your safety get an IO put on him.

And sue for damages.

 

[HWL]

Thanks Rod, for your help. Yes, I think I'll need to change locks for both front and back door. I'm trying my hardest to be civil with my ex partner, as I still have to reach agreement with him regarding our joint property. Unfortunately, we separated a long time ago (well beyond the 2 year time limit) for taking the property settlement matter to court.

My ex partner is not a violent person, but he does have a tendency to throw a tantrum, such as destroy things when he doesn't get his own way.

 

[Rod]

OK. Getting the police involved might get cause him to behave reasonably.

If you do not intend to move, let him initiate negotiations while you stay in the house. You have no time pressure and just need a court order or warning by police to keep him off the property.

 

[HWL]

Thanks Rod again for your comments. With the issue of changing the locks, my ex partner still has a few of his belongings in our house. eg. a piano, some books, etc. And, since he owns half the house, could he argue that he needs to have keys to the house, to access his belongings.

I have asked him to move his piano for months. He keeps saying yes, but it is still there.

 

[Rod]

No. He should call to arrange a mutually suitably time.

Put a request for the removal of all his belongings into a letter. Give him 30/ or 60 days to remove them else they will be considered abandoned goods.

 

[HWL]

Thanks all for your advice and comments. I saw a lawyer yesterday, and she said I need to change the locks for all the doors, and that it's unlawful for him to discard my belongings without my permission, even if he owns half the house. She also suggested formalising division of assets. Even though my ex partner and I separated a long time ago, it seems I do have some rights here. I'm a little afraid of what's to come, but lawyer said I need to toughen up.

Thanks again. I do find comfort and strength in reading all your comments for support.