De Facto Property Dispute
The individual is in a de facto relationship in NSW, Australia, having lived with their partner for 27 years and sharing three children who reside with them. The ex-partner is the sole name on the title deed for their home and has recently moved out, yet insists the individual pay half of the household bills, including council rates. No formal agreements regarding property sharing or expenses exist, apart from arrangements for children's visitation. The individual, a carer, is financially strained as the ex-partner provides $240 a week in child support and contributes nothing further. The primary concern appears to be financial hardship due to the division of household costs post-separation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I seek an adjustment to the child support amount to better reflect my financial situation as a carer?
To seek an adjustment to the child support amount, you can apply for a change of assessment with Services Australia (Child Support) if your financial circumstances have changed. This process allows you to request a reassessment based on special circumstances, such as being a full-time carer, which impacts your ability to work and generate income. You may need to provide evidence of your financial situation and how it affects your capacity to support your children. It's also advisable to consult with a family lawyer to discuss the specific details of your case and explore any additional options available to you.
What are my rights regarding staying in the home, and can I claim a share of the property even if my ex-partner is on the title deed?
In a de facto relationship in NSW, you have rights to seek a property settlement. If you contributed financially or non-financially (such as by caring for children), you may have a claim to a share of the property even if your ex-partner is on the title deed. The Family Law Act allows you to apply for a property settlement within two years of separation. You may be eligible to remain in the home temporarily, especially if it's in the best interest of the children. To pursue your rights, consider seeking legal advice or mediation to negotiate an agreement.
Is there a way to formally negotiate the sharing of bills and other household expenses post-separation?
You can formally negotiate the sharing of bills and household expenses post-separation by entering into a financial agreement or seeking mediation. A financial agreement, under the Family Law Act, can outline the responsibilities for expenses such as council rates and utilities. Alternatively, mediation can help you and your ex-partner reach an amicable agreement. If an agreement cannot be reached, you may apply to the Family Court for orders to determine financial responsibility.
Given our de facto relationship, am I entitled to any spousal maintenance or financial support from my ex-partner?
In Australia, you may be entitled to spousal maintenance from your ex-partner if you can demonstrate a need for financial support and your ex-partner has the capacity to pay. The Family Law Act considers several factors, such as your ability to support yourself, income, and financial resources, along with the standard of living that is reasonable in your circumstances. Given your situation as a carer with limited income, pursuing this option might be worthwhile. Consulting a family lawyer could help assess your specific circumstances.
What legal steps should I take to protect my financial interests and secure my children's well-being during this separation?
To protect your financial interests and secure your children's well-being, consider initiating a property settlement through the Family Court. This process can ensure a fair division of assets, even if the property is not in your name. You may also want to seek legal advice about obtaining a sole occupancy order, which could allow you to reside there while resolving property matters. Additionally, consider applying for government support or benefits as a carer to alleviate financial pressure.
Do I have to pay bills if he's moved out and they're solely in his name?
In your situation, where the bills are solely in your ex-partner's name and he is the sole title holder, you are generally not legally required to pay those bills unless there is an agreement to do so. However, as you are living in the property, he may argue that you should contribute to the living costs. Seeking mediation or legal advice could help negotiate a temporary arrangement that reflects both parties' contributions until a formal property settlement is reached.
