SA Should Ex Still Pay Half of Mortgage?

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twowrongs

Well-Known Member
15 February 2016
37
0
121
Hi, I am just wondering,

It's been 18 months now since my ex de facto walked out, leaving me with a mortgage to pay and bills. The mortgage is in both names still at this stage, and I will in due course get this changed, but I really cannot afford the costs involved to have this done.

Firstly, is this something the ex should pay half for? Is there any other way around these costs? My other question is, my ex de facto has now moved in with her new partner that she has been with for the past 12 odd months now. With her moving in with her new partner, does this exclude her from claiming anything from the home that I am left to pay mortgage on?

She was only living in it for around 4 months - and does not and has not contributed towards mortgage payments.
 

twowrongs

Well-Known Member
15 February 2016
37
0
121
Hi again,

I have just found an article on a lawyer page re de facto relationships protection -
it states:
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De facto couples who separate come under the auspices of the Family Law Act, which requires the person making the application to prove that a de facto relationship existed for a period of at least two years and that separation occurred after 1 March 2009.

There are some instances where proof of the two year time period will not be required, including:

  • where the couple have had a child together; or
  • where one party has made substantial contributions to the relationship (financial or non-financial); or
  • where the couple has registered their relationship under the relevant state or territory law. This is considered to be automatic and conclusive evidence of the existence of the relationship, regardless of the length of the relationship.
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On the first part, they do have a child he is 3 1/2 years old. On the second part, yes one party (our son) has made all financial contributions to mortgage for 2 years now

How does this work regarding the article I have pasted?