If partner is living in my house - Legal Question

Discussion in 'Legal Issues' started by TaylorTako, 14th Feb, 2017.

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  1. Yson

    Yson Well-Known Member

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    well, being single may be a good idea!!
     
  2. Brady

    Brady Well-Known Member

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    I'm in similar situation and here's what I've been doing, happy for anyone to point out flaws.

    I pay for all the house expenses that relate to the property, interest on the loan, maintenance on the property, gardening, water filter connection, bbq, foxtel connection anything that is to do with the property. At this stage she only contributes to the joint expenses, food shopping, water/gas/electricity usage.
    We don't have joint accounts.
    If she was to contribute to any of these it would only be fair that she would have rights to something if we were to part ways.
    At this stage she doesn't have to pay rent/board and only pays for what she uses which I believe it fair for everyone, it's not about trying to get the better deal.

    Unfortunately separation is very common, I see it every single week. I have written many loans for couples only to see them back 2-5 years later and hasn't worked out. Have clients come in after 10-30 years together and gone separate ways. It happens that life.
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Better than combining Brady but not 100% foolproof.
     
  4. neK

    neK Well-Known Member

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    Are people better off renting a completely different property together?
    Would Person2 have a claim on Person1 house in that instance?
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Might help a bit, but the property of the parties could still be adjusted by the courts.
     
  6. Brady

    Brady Well-Known Member

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    Yeah know it's not foolproof, nothing really is from what I've been told.

    Have been told by clients it's ~$1,000 - $5,000 for lawyer to draw up something, that could ultimately be disputed anyway.

    At this stage it's all clear where everything has come from, but fully aware the longer we live together the more cloudy it all gets.

    And know that a child completely throws everything out the window.

    A rough guide said to be
    6 months and over could entitle spouse to assets acquired during the time together.
    2 years and over could entitle spouse to prior assets before relationship.
     
  7. Momentum

    Momentum Well-Known Member

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    If that's true maybe ask her to move out every 5 months for a period of 1 week and pay for a hotel or 7 day cruise. Do it every 5 months and tell her it's because absence makes the heart grow fonder.
     
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  8. thatbum

    thatbum Well-Known Member

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    Not true. 6 months is nothing because it generally takes 2 years of de facto to come under family court jurisdiction.

    Once it comes under jurisdiction though, everything is 'potentially' on the table in terms of assets. Pre relationship, post relationship, post separation - everything. However, the law isn't stupid - it factors in when and how assets were acquired into the eventual equitable split.
     
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  9. Joynz

    Joynz Well-Known Member

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