Can ex girlfriend take half??

[letiha]

Hi all,
If me n the girl [who Ive lived with at her parents place for the past 3 years] [Ive been paying rent and power by the way] broke up one day, could my girl take me to court for half of my stuff?
She has contributed nothing towards the wealth and doesnt seem interested in it,
just a thought, whaddya reckon?

So how much rent exactley were you paying at her parents place, and what did it include food, electricity etc.

How much would this have cost you if had to have your own place. I'm assuming anyone who is happy to live with the in-laws is not doing it for fun but for financial reason. This will be taken into account if worse came to worse.

But seriously, as you say she does not seem interested, so if you don't be a jerk things will be fine, especially if she would require finance to access any share.

Obviously she wouldn't get half. Despite misconceptions courts are normally pretty fair in these kind of things, and the large majority get settled a long time before any judge is involved.


I suppose the only thing that can be done at the moment is to think about the way you will enter future relationships.


Kylie

 

[Jase H]

Unfortunately I have first hand experience with this type of thing

Now it is important that you understand that Defacto and Marriage are not treated exactly the same in fact Marriage is under the Family Law Act (FLA), whereas Defacto (6 months min) is treated under the Domestic Relationships Act (DRA).

To put it bluntly, under the DRA you will get screwed slightly less than under the FLA.

Under DRA for instance none of your super can go to ex-spouse, whereas with FLA it can. However, under DRA the amount of super can be taken into account when assessing the total asset pool to be divided b/t the 2 parties.

Also, under DRA (if no kids involved particularly) everything you brought into relationship is considered yours to keep, only assets acquired together would be divided up. Also, it is possible to argue (if it is clear cut) that one party contribued significantly more to the wealth built up together than the other party, and this can be considered when working out a % of assets to each party. With kids invloved this goes out of the window, but say you were DINKS and you worked full time and earned 80k and partner worked part time and earned 25k and that the extra unpaid contribution by the lower paid spouse was negligible (ie no kids means limited unpaid contributions all round) than you would have a good case for more like a 2/3 to 1/3 spilt etc.

Cheers

Jase

 

[letiha]

the advabtage with the DRA will be short lived as all states have now refered their power to the commonwelath, so just a matter of time before this power is accepted.

I suppose it will be fair in the sense that there is one set of provisions.

 

[Spectre]

This post reminds me of that eddie murphy movie from years ago - was it raw or delirious?.... eddie - I want half....

On the ex banker side, seen plenty of people split up. I suppose anyone could tell a story

In the case at hand, by living relatively cheaply with his girlfriend and her parents, he W2BW indirectly gaining a benefit in being able to invest in property, whereby if he didn't then would he still be able to. Thus is she indirectly providing a benefit which can be translated into dollar terms.

Then I would wonder, if they moved out into a rental, would this 'shift' things to a more 'equitable' position.

Again, suppose it is going to depend on your lawyer & pending ex at the end, cut and run or drag it out. Longer you drag, the more the solicitors will make

 

[geoffw]

I've heard the story of one property savvy man, who, when the divorce thing happened, gave his ex 100% of everything.

Why?

Because he knew how to get the equivalent again. She didn't.

And he did get the equivalent again- and much more..

(He did have time to his advantage. And was able to get the equivalent back. Though he was comparatively young when it all happened- that bit wouldn't work for me )

 

[Dean1337]

A friend told me that his brother commit suicide, father die in a farming accident, mother die from cancer and his wife divorced him in the space of two years. When it came to divorce settlement, he did not have the mental strength to fight her. He simply gave everything, except one of the cars, to her. She go two houses worth approx $500,000 each (now probably worth $800,000 each) and the better of the two cars. Felt very sorry for him.

Of course, I never heard the other side of the argument.

 

[want2bewealthy]

So how much rent exactley were you paying at her parents place, and what did it include food, electricity etc.

How much would this have cost you if had to have your own place. I'm assuming anyone who is happy to live with the in-laws is not doing it for fun but for financial reason. This will be taken into account if worse came to worse.

But seriously, as you say she does not seem interested, so if you don't be a jerk things will be fine, especially if she would require finance to access any share.

Obviously she wouldn't get half. Despite misconceptions courts are normally pretty fair in these kind of things, and the large majority get settled a long time before any judge is involved.


I suppose the only thing that can be done at the moment is to think about the way you will enter future relationships.


Kylie

I pay electricity [my share] water, I mow the lawn, wash my clothes, cook dinner, buy the food, drive her to work, that sorta stuff.
Its pretty cheap rent though.. she cleans our little matchbox out the back where we live in sin.

It was all meant to be a hypothetical question, everyone here thinks were breaking up, simply not the case, I just like to keep my *** covered from all sides thats all.

 

[want2bewealthy]

This post reminds me of that eddie murphy movie from years ago - was it raw or delirious?.... eddie - I want half....

On the ex banker side, seen plenty of people split up. I suppose anyone could tell a story

In the case at hand, by living relatively cheaply with his girlfriend and her parents, he W2BW indirectly gaining a benefit in being able to invest in property, whereby if he didn't then would he still be able to. Thus is she indirectly providing a benefit which can be translated into dollar terms.

Then I would wonder, if they moved out into a rental, would this 'shift' things to a more 'equitable' position.

Again, suppose it is going to depend on your lawyer & pending ex at the end, cut and run or drag it out. Longer you drag, the more the solicitors will make

Yes youre right, Im paying bugger all and working 2 jobs so Im able to save alot of money each week, Were quite a happy couple and I refer to the investments as "our" and we" not "me"
you just never know though,
I know people who thought it was all good and came home one day to find the wife with another bloke, she leaves him and takes everything, I feel very sorry for these poor guys, they seem like good fellas but I can just see the sadness in their eyes, they all play in the local blues club too,
One sad guy I didnt know bought an expensive Fender guitar from me, he seemed quite shy, middle aged and generally looked like he could have broken out in tears at any moment,

he told me about his wife and how she took absolutely everything from him, all he wanted now was to learn to play the guitar like Eric Clapton he said, he wanted a guitar just like Eric, I let him pay the guitar off over about 6 months and he joined the blues club with the other poor guys, The only thing he had left was learning to play the blues and to have some sort of outlet or escape with whatever little money he had coming in after trying to pay all the court costs, anyway, Im ranting again..
poor guys, especially being middle aged because your working life assets are gone and youre nearly retired..
thats why I bought this topic up.

 

[letiha]

Well then you have been given a load of info, basically its time to probably get a cohabitation agreement drawn up that will save a lot of heartache latter.

 

[AlmostBob]

love is grand
divorce is 167grand

 

[dcarr]

people change

From experience.. parting on good terms can actually be even more dangerous than an acrimonous separation.

People change, situations change, someone years later gets the bright idea "hey, you're entitled to 50%", and all of a sudden you get a letter from some lawyer.

In that case the forced liquidation of property was avoided by offering a reduced but immediate cash settlement, along with a legally binding "this is final, you can't come back for any more handouts" contract drawn up by a lawyer.

Good luck

 

[Sunfish]

I have no experience of a split so nothing to add except the old quote:

I never knew I hated my wife 'till I got the first letter from her lawyer!

 

[fernfurn]

Whats the difference between a wife and a cyclone - Nothing - they're both hot and heavy when they come, and take everything with them when they go. All the women laugh at this at parties and the guys don't. Seriously I divided everything 50/50 when I left so have no guilty conscience.
Be careful of division date. I believe Division of property is when you do final property settlement not when you left. So you should do property settlement beforedivorce asm if you have amassed more assets after 2/3 years and decide to divorce, these assets will be taken into account as court cant spend time sorting it out. Also do not give "half or any percentage" without getting them to sign official acceptance and final letter as again, they can take half and them come back for official settlement. Happened to one of my friends.
Get a co-habit agreement (cost between $400 - $1000) from a lawyer/solicitor and get them to sign it (to protect us both). Finally, my understanding was that now you couldnt take into account anything you owned before the relationship started.

 

[grubar30]

Hey man, she doesnt do anything! I wash, drive her everywhere, buy all the food, etc etc, she does clean though.. that must be worth alot. Im doin it the hard way!

There's too many good natured, hard-working, self-respecting, pretty single girls out there to want to settle for anything less....btw, not saying she's not any of these, BUT I am reading between your lines....

If you really want to do the smart thing, then go see a solicitor.....one who specialises in family law or what-not.....he'll give you a good heads-up.

 

[NedKelly]

2) Then all her friends will start pissing in her pocket telling her what a ******* you were and how she suffered whilst you ammassed you're wealth ( or debt...whatever) You need to realise that by just simply being there she is contributing....who washes, and irons your clothes.....who cooks your meals.............satisfies your sexual needs.....etc etc etc ad infinitum

Then they start with the "I've wasted the best years of my life on you" and "If I had known you were going to be like this I would never have moved in with you in the first place" and "Now I am too old to have kids and it's all your fault".

 

[natmarie73]

I would suggest you speak to a solicitor who actually knows about family law and defacto relationships as the apply to your state. They will be able to explain the law, your rights and draw up a co-hab agreement as well.

It is highly unlikely if not impossible for your ex-girlfriend to get half of your assets especially if there are no children involved.

The courts will not just arbitrarily give someone 50% of their ex-partner's assets - they look at a range of factors including the current and future income earning potential of both parties, who the principal carer for the children is, the amount each party contributed to the asset pool during the course of the relationship etc etc etc.

That said, if it is a concern to you then get a co-habitation agreement drawn up and protect your assets via a trust. I'm not sure, but I think that any assets in a company name are still fair game in the family court, so you might want to look into that.

The fact is, to take someone to court is not cheap. She really dosn't seem to have a leg to stand on and the bank would have first crack at any assets anyway so it probably would end up costing her more to take you to court than she will gain (unless you own your properties outright or have a lot of available equity).

I guess just don't knock her up unless you are sure you love her enough to hang around for the long run and give her half your assets in the case of a divorce, because once the kiddies come along she will be entitled to a share of your assets and you will have to pay child support on top of that.

 

[Mr. Fabulous]

You need to realise that by just simply being there she is contributing....who washes, and irons your clothes.....who cooks your meals.............

When I was living with my ex, I washed all my own clothes and we both made equal contributions to the house chores. God help me if I dared expect her to be my maid!

satisfies your sexual needs.....etc etc etc ad infinitum

So she gives you a bit of the ole rinky dink and you're supposed to give her half your assets? I know (not personally of course *wink, wink*) women that will offer you the same for a lot less money and no headaches (hopefully).

Mark

 

[daviddanae]

I wasn't married but my ex took 'the lions half' (as my lawyer put it)! It was the best investment desicion i ever made! Brought her out of a property worth 217k, and 3 years latter the house was worth 470k thanks to the wa boom. Had to Re mortgage to 160k, wasn't to sure if i would be able to manage at the time! Currently close to a mill in debt with a LVR of 60%. As they say, don't sweat the small stuff, coz it's all .........

 

[WinstonWolfe]

If you are working 2 jobs as well as the bulk of domestic duties as you state above, then I reckon you are bound to one day regret putting such a low price on your **lls.

If she is content to let you do all that work, then the writing is on the wall, IMHO.

It doesn't matter how much a bombsell you think she is now mate, weak character can turn the prettiest into the ugliest real quick.

 

[Mr. Fabulous]

If you are working 2 jobs as well as the bulk of domestic duties as you state above, then I reckon you are bound to one day regret putting such a low price on your **lls.

If she is content to let you do all that work, then the writing is on the wall, IMHO.

It doesn't matter how much a bombsell you think she is now mate, weak character can turn the prettiest into the ugliest real quick.

Aye. Seriously bloke, I'm a bit worried for you if things go south.

Mark