Can You claim property after a de facto break up?
Can You claim property after a de facto break up?
Before you can make any claims regarding property or assets after a break-up, when you’re not married there remains the question as to whether the former relationship actually qualified as ‘de facto’. Many people are unaware of the legal requirements for a de facto relationship under the Family Law Act.
Is the seller of a house liable for defects?
Real estate contracts and common law obligate a seller to disclose known defects in a home. However, the principle of “caveat emptor” – let the buyer beware – also applies and may protect a seller from liability for problems they weren’t aware of.
What did the judge do in the de facto break up case?
Ultimately, the judge referred the case for further directions which would include a direction that the parties proceed to mediation or another form of dispute resolution in order to resolve the property dispute.
Can a defect have started before you bought a house?
But if the problem could have started before you bought the house, keep reading. It’s not an obvious defect that you could have seen yourself before buying. If there was a huge crack running across the living room ceiling at the open house and you’ve only now decided to bring it up, no dice.
What happens if you split with a de facto partner?
Contrary to a popular perception that a split between de facto partners results in a 50:50 split of ‘everything’, this is not the case.
What to do with property in a de facto relationship?
Perhaps the biggest problem to face for de factos who are breaking up is what to do with the property, or sometimes even properties, that they own together. Earlier this year, 1 March 2009, laws governing the division of property for people in de facto relationships that break down were enacted.
Can a de facto couple go to Family Court?
Essentially, this means that de facto couples can now access the Family Court of Australia and the Federal Magistrates Court alongside married couples for these issues. De factos could previously only use the federal family law regime for matters involving their children (since 1988).