De Facto Property Division
The client has been in a de facto relationship for approximately 6 years and is discussing the division of property and assets following separation. A significant focus is on a house that is registered solely in the client's name. Both parties contributed financially and non-financially to the property, with the client having a higher income and undertaking maintenance work. Other substantial assets are also under discussion, including a jointly owned vehicle, which the partner requests to be divided evenly, despite it being registered in the client's name. The client has recently experienced job loss impacting their income, and no prior mediation or legal advice has been pursued. The house has undergone a professional valuation without any protective measures established by the client for their interests.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow does being the sole name on the house title affect property division in a de facto relationship split?
Being the sole name on the house title does not automatically ensure total ownership in a de facto relationship dissolution. The Family Law Act addresses property division, considering both parties' contributions and future needs, including financial contributions and non-financial contributions like maintenance work. The court evaluates all contributions and the financial circumstances of each party, which also takes into account job loss and income status.
What factors will the court consider when determining a fair division of property and assets in our situation?
The court will evaluate several aspects in deciding an equitable division of property and assets in a de facto relationship, including: 1. Contributions: Financial and non-financial contributions from each party. 2. Future Needs: Including age, health, income capacity, and job loss impact. 3. Assets and Liabilities: Valuation of assets and liabilities, along with any joint debts. 4. Length of Relationship: The duration of the relationship will influence the division. 5. Equitable Outcome: Ensuring a fair result for both parties.
Are there any steps I can take to protect my interests in the house and other assets before the division process?
To safeguard your interests, consider the following steps: 1. Document Contributions: Maintain records of contributions made to the property. 2. Asset Valuation: Ensure significant assets are valuated professionally. 3. Seek Legal Advice: Consult a family law solicitor for guidance on rights and obligations. 4. Negotiate: Initiate discussions with the partner to reach an agreement. 5. Interim Orders: If needed, apply for interim orders to protect assets.
Can we reach an agreement on property division without going to court, and how would that be formalised?
Reaching an agreement outside of court is achievable through negotiation or mediation. Mediating allows both parties to discuss asset division openly. Once an agreement is reached, formalise it through a Binding Financial Agreement or obtain Consent Orders from the Family Court, ensuring the arrangement is legally binding.
