Legal Question in Family Law in Australia
Defacto propertie settelment
I have been seperated from my defacto since aprox October last year (2005), and have been in a legal battle with him since, as we both have two properties in Queensland, one I want to keep in which I reside in now and one on the gold coast which I am not sure what he wants to do with. I said to him that I want to keep this house and live in it and he said that he doesn't that he want's to sell it and build on the Gold coast.
My question is, both of our names are on the papers to both the properties, what are my chances of keeping this propertie? especially if his name is first and mine being second. We have been together since 1999, so aprox 6-7 years, and he has been very threatening to the point I had to have a restraining order on him for both the propertie I live in and the buisness I own and also I am to scared to leave the propertie incase he comes by with his brother and move all my stuff out and move him self or someone else in to the house, and there is nothing I can do about it because he ownes the house as well.
Please help!!!
1 Answer from Attorneys
Re: Defacto propertie settelment
It is irrelevant as to whether your name or your former partner's name appears first on the title. What is important is the nature of the contributions made, the size of the asset pool and future factors, as required under Part 19 of the Property Law Act. Have you obtained a protection order or an injunction as part of the property proceedings?Feel free to call me.
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