NSW De Facto Relationship - Am I Entitled to Property?

[Amycosette]

I have been in a de facto relationship with my boyfriend for 7 years this November and been living with him for a year. Unfortunately we are breaking up. He has property and he sold it.

My name is not on the property but I want to know what I am legally entitled to for property settlement as I was the one looking after the house, cooking, cleaning, etc.

Thank you

 

[AllForHer]

What evidence do you have to show the relationship was de facto prior to living together?

 

[Amycosette]

I have birthday cards, text messages, photos. I also was paying into the mortgage every week for the year we were living there. Does this count for anything?

 

[AllForHer]

Being in a relationship doesn't mean it's a de facto relationship. De facto is registered with the state or includes kids together or involves significant joint assets together, like a house. Ordinarily, parties aren't considered de facto if they've been living together for less than two years and don't have any joint assets together.

If you were only financially involved for 12 months, I'm sceptical the court would recognise it as a de facto relationship warranting a property settlement. If it did, the property settlement would possibly cost more than what you would get out of it because brief de facto relationships tend to result in each party being able to keep their respective assets from before the de facto relationship commenced.

It might be worthwhile getting legal advice though, so they can assess your situation properly.