VIC Separation with De Facto - My Property Rights under Property Law?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Zeyn malic

Member
1 October 2015
3
0
1
I have been living with my de facto in her house for the last 2.5 years. I did not want to move as it would increase my commute time to work by 40 minutes. But after some pressure I moved.

I have only been paying board/rent this time and did not take her offers to add my name onto the mortgage.

We are going to break up due to irreconcilable differences. When she asks me to leave her house, I'd like to know what my property rights are under Property Law.

I live in Vic and we have no children together.
 

Zeyn malic

Member
1 October 2015
3
0
1
To clarify irreconcilable differences include infidelity from my end. We tried to make it work after that but we ended up fighting all the time. Can she just kick me out without notice, and also am I entitled to anything?
 

JS79

Well-Known Member
2 October 2015
306
36
714
Perth
Hi,

I have found an article which clarifies your property rights due to being in a defacto relationship:
In a De Facto Relationship? Here's What You Need to Know! - Legal Blog - LawAnswers.com.au

Here is another article that also talks about your property rights as a defacto relationship: Can You Lock Your Ex Out of the Family Home? Your Property Rights - Legal Blog - LawAnswers.com.au

A lawyer will be able to determine whether the fact that you paid rent/board for the time you were living there would be seen as a significant financial contribution to the household or not which will determine whether you have any property rights to the house. See https://lawanswers.wufoo.com/forms/get-connected-with-the-right-lawyer-for-you/
to be connected to a local property lawyer.