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My girlfriend and I have been living together in Melbourne for three years without being married. We jointly purchased a property here. Now, she wants to break up and take the house for herself. What should I do to recover the money I invested in the house?

Recovering Your Investment in Jointly Owned Property

In Australia, when an unmarried couple has been living together in a relationship for at least two years, they may be considered to be in a de facto relationship. This can have significant legal implications, particularly regarding the division of property and financial settlements. Here are the steps you should take to address the situation:

1. Understand Your Legal Position

Recognize that as a de facto couple, you have similar rights to those of married couples when it comes to property settlement. This means that both partners' contributions to the property, financial and non-financial, are taken into account.

2. Gather Evidence

Collect all relevant documents and evidence of your financial contributions to the property. This includes:
- Receipts and bank statements showing payments towards the mortgage.
- Documentation of any renovations or improvements you funded.
- Any correspondence or agreements (formal or informal) about joint ownership and contributions.

3. Attempt to Negotiate

Try to reach an amicable agreement with your partner regarding the division of the property. This can often be the quickest and least stressful way to resolve the matter.

4. Seek Mediation

If direct negotiation is unsuccessful, consider mediation. A mediator can help both parties reach a fair agreement without going to court.

5. Legal Advice and Representation

Consult with a family lawyer who specializes in de facto relationships and property settlements. They can provide you with tailored advice based on your specific circumstances and represent your interests.

6. File for a Property Settlement

If negotiation and mediation fail, you can apply to the Family Court or the Federal Circuit Court for a property settlement. You must do this within two years of the end of the de facto relationship.

7. Court Proceedings

In court, you'll need to demonstrate your contributions to the property. The court will consider:
- The financial and non-financial contributions of both parties.
- The future needs of each party.
- Any children of the relationship and their needs.

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Law Firm's Insights

Date

4 July 2022

Place

SYDNEY

Judge

HARPER

Highlights

The parties commenced a relationship in June 2016, and from that time onward lived together as de facto husband and wife. The wife is seeking a declaration that a de facto relationship existed between her and her husband from June 2016 to December 2018. She is also requesting orders for property adjustment, including an order for the repayment of monies she borrowed from the husband during the course of 2016 proceedings. The husband denies that any such relationship existed, and objects to any such orders being made. The parties are also involved in separate proceedings concerning financial agreements between the husband and his former wife, Ms Barre. In 2016, I made a number of orders distributing amounts totalling $125,000 to the wife, characterised as part repayment of monies owing to her. However, the husband's Trustee in Bankruptcy is currently restrained from distributing any dividend pending the compliance with certain orders in 2016 proceedings and determination of these proceedings.

Judgment

The court is adjourned for a period of 19 July 2022 for mention. The husband provides a copy of the Judgment to his Trustee in Bankruptcy. Parties and the Trustee in Bankruptcy will inform the Court by 4 pm on 15 July 2022 whether they wish to adduce or make any evidence or submissions on the question of whether the wife would suffer serious injustice if the Court failed to make an order for property adjustment pursuant to section 90SM of the Act. If so, they will also propose any final property adjustment orders.

Legislation

1.Family Law Act 1975 (Cth) ss 4AA, 90RG, 90SB, 90SM

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Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.

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