QLD Does Ex De Facto Partner Have Rights to Share My House?

[sammy01]

forget de facto. She won't be able to establish that. If you guys living on the other side of the planet isn't enough, the fact that there are no love letters? flowers? ongong emails / text messages. FORGET IT. She has nothing. So if she mentions it you need to clearly state to her that you're not in a relationship with her, other than a financial one around tennancy.

And yep - you need the QLD version of that paperwork

 

[Atticus]

I agree... The de facto angle is going to fly here... Apart from the fact that you can demonstrate that you have been separated for over 2 years, there is a also that formal documented acknowledgment that she is a paying tenant that she has been salary sacrificing

 

[Mark Watts]

hi Guys
thanks for that info, I was just a little concerned as we were together so long almost 15years on and off - and i did buy the house when we were together etc .. and as i was paying for alot stuff before i guess she thinks i owe her or she has some rights to it . i was only paying lot before cause a nice guy and she had less - actually thats one reason we never got on , always me complaining she didnt help pay her way ..
thanks mark

 

[Mark Watts]

Just Had a email from EX - saying she wants 50K minium do get out house and move on as house gone up in Value 150K and she should get 75K of that at least .. not sure her reasoning for it . but i wrote back offering the Car that she uses anyway worth 4000 - 5K maybe at most .
but otherwise go through the legal system , so hope you guys right as could get ugly ..

ATTICUS - sorry think i misread - you mean DEFACTO is going to fly as wrote
or NOT going to fly ???
Mark

 

[sammy01]

I know you asked Atticus - but I'll answer - hell no. No chance this is defacto....

I reckon you wanna get a real estate agent to put the thing on the market / find a way to get her out of the house? Maybe send her a lease to sign with an elevated rent.

 

[Mark Watts]

Hi sammy
thanks for that I thought Atticus meant to say NOT gonna fly
i have actually few hours ago emailed the RTA in qld and asked next step , - and also emailed her salary solutions as thats where the tennant agreement came through as well as a couple local lawyers that live in that area .. so have stuff in motion ..

Unfortnately i cannot easily just go to a real estate agent the house has my Clothes in the Waldrobe a bike in the garage, Kayak, lawnmower, tools etc etc - i kinda walk out on Holiday and never came back - left food in the fridge etc etc etc (guess she ate that after 2.5 years though lol )
So best if i can get her out then i can fly back to Australia sell my stuff clear out everything then either sell or rent out properley - but last thing i want to do is come back when she in the house and stay there with her now .. never really want to see her again shame as tried to be nice and friendly with her and she doing this -

 

[Atticus]

ATTICUS - sorry think i misread - you mean DEFACTO is going to fly as wrote

Sorry for the confusion... I left out NOT...

 

[Mark Watts]

Hi Guys thanks for the reply so Far
I have just got a reply on another forum I wrote at same time and someone there said she has got a case .
Does Ex partner have claim over House or anything ? I Paid and all in my name ??Help
So i was wondering on your thoughts on it here . also the 50K think she asked for is it worth considering paying her that - as i had enough so will sell house when she out anyway and just move on - guess i need a rock solid legal paperwork to say thats all she can ever get though)
Thanks Mark

 

[sammy01]

The onus is on her to prove defacto.... So no emails, other than those of a business nature?
This is extortion.
I'd write to her.
Dear ex,
we have never been in a defacto relationship. If you wish to pursue that aveuneu then apply through court. Please complete and return the tenancy agreement pages provided.

Get that done then think about what to do with your stuff and the car. Selling her the car for stuff all might be a good idea.

Do not - repeat do not try and negotiate - that could be taken as an admission that you do owe her.

One of the posters on the other site expressed the exact rules for establishing de facto. They dont apply here. Christ you haven't spoken to her in years...

 

[Mark Watts]

Hi Sammy
Ok thanks for that - i will make sure do those sort emails . got a insurance claim going on on house roof at moment so also need to organise that sometimes ..but thats nothing more then that.
As far as never been in defacto - remember i mentioned she entered australia on Defacto visa , when i got permenant residency (before citizenship) she used the defacto spouse visa ,and even though we split up for almost 2 years after that ..guess hard to say ever defacto right ??
from what i read acording to courts a defacto is if lived together for 2 years - well we did for many more years then that before ..
thanks for thought Mark