De Facto Entitlements
The client lived with their former partner and children in their former partner's mother's home in NSW, Australia, for approximately 8 years, starting in 2016. During this time, they contributed to renovations that transformed the property into two separate homes and paid rent intermittently. The client moved out with the children in 2024. They are inquiring about their entitlements in a de facto property settlement, as the relationship seems to have ended. Both partners made contributions to the household and property upkeep during their time together.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat factors will the court consider when determining my share in a de facto property settlement given my contributions during the relationship?
In a de facto property settlement, the court considers various factors under the Family Law Act 1975. Key considerations include financial contributions, such as income and assets brought into the relationship; non-financial contributions, like homemaking and parenting duties; and contributions to the home, such as renovations and maintenance. The court also evaluates the future needs of each party, which may include earning capacity, age, and health, as well as the duration of the relationship. Your caregiving role and participation in property improvements could be significant in determining your share.
Are there any specific documents or evidence I should gather to support my claim for property entitlements in this de facto relationship?
To support your claim for property entitlements in a de facto relationship, gather evidence of your contributions to the property and household. This could include records of financial contributions such as bank statements or receipts for renovations, and evidence of non-financial contributions like caregiving for children. Document any agreements or communications regarding the property. If you improved the property through renovations, collect before-and-after photos or contractor invoices. Statements from witnesses who can verify your contributions might also be helpful.
How does the Family Law Act in New South Wales apply to de facto relationships in terms of property division?
In New South Wales, the Family Law Act 1975 applies to de facto relationships for property division. Under this Act, de facto partners have similar rights to married couples regarding the division of property upon separation. To qualify, the relationship must have lasted at least two years, involved a child, or significant contributions were made by one partner. The court considers the nature of the relationship, financial and non-financial contributions, and future needs when dividing property.
In what ways does living rent-free in the property for part of the time affect my property rights or claims?
Living rent-free in the property for part of the time may not directly affect your property rights or claims, as the focus in de facto property settlements is on contributions to the relationship and property, rather than just financial payments. The court will consider both financial and non-financial contributions, like renovations and homemaking. While living rent-free might imply less financial contribution, your involvement in renovations, child-rearing, and household duties are also significant contributions. The court assesses the overall contributions from both parties during the relationship to determine entitlements.
What is the process and likely timeline for resolving a de facto property settlement dispute in New South Wales?
The process for resolving a de facto property settlement dispute in New South Wales typically involves negotiation, mediation, and, if necessary, court proceedings. Initially, parties attempt to reach an agreement through informal discussions or mediation. If this fails, an application can be filed in the Family Court or Federal Circuit Court for a property settlement. The timeline varies, but reaching an agreement through negotiation may take a few months, while court proceedings can extend to a year or more, depending on the complexity of the case and court availability.
Since the house is owned by my mother-in-law and not my former partner, could this affect my claims?
In your situation, since the house is legally owned by your mother-in-law, it is not directly part of the property pool for division between you and your former partner. However, the renovations and contributions made during your relationship could be considered by the court as indirect financial contributions if they increased the property's value. This might impact any financial settlement if it is established that your efforts increased your former partner’s potential inheritance or financial standing indirectly.
