living with girlfriend

[JD86]

hi guys

i am currently building my first house and it will be my PPOR

im in a relationship which is fairly fresh, but when house is finished i think she might move in

are the rumours true that if she moves in, and lives there for 6 months she can take me for half?

the house is totally mine, 100% all mine, she wont contribute at all, just divide the household bills up etc.

i have herad she could take me for half if we broke up

then i heard, she can take me for half of what capital gains my property makes in the time she lives there

then i heard if i charge her rent or she dosnt get her mail sent there, so she dosnt officially live there, she cant try to get anything if we break up

i know this sounds harsh, im not in this relationship thinking its going to end, but it is fresh, and given my parents divorce i want to be sure of my financial position in case it happens

thanks guys

 

[Piston Broke]

I think it's about 2 yrs living together, and anything less is irrelevant unless the other person contributes to paying loans or building expenses. imo
Good luck trying to put up smoke & mirrors.
But yu can always move out and rent anther place.

 

[rugrat]

I don't think you have to worry - certainly not about six months. Generally 2yrs is considered defacto, but even then it doesn't automatically entitle the other spouse to half.

Now having said that, to protect yourself, it certainly wouldn't be a bad idea for you to get what is commonly known as a pre-nup (a binding financial agreement). The aren't just for people getting married, and are a good way to protect BOTH parties.

 

[Shaneelastic]

I don't think you have to worry - certainly not about six months. Generally 2yrs is considered defacto, but even then it doesn't automatically entitle the other spouse to half.

Now having said that, to protect yourself, it certainly wouldn't be a bad idea for you to get what is commonly known as a pre-nup (a binding financial agreement). The aren't just for people getting married, and are a good way to protect BOTH parties.

I think you have to worry.

6 months is sort of correct along with

Financial Support - Yes you will be doing this as I'm sure you are providing her rent free.

Sexual Relationship - Yes, hopefully, if your in one

Interdependent Emotional Support - Yes

Get a binding financial agreement drawn up like rugrat said.

 

[eXc]

or just don't live together till you're committed.

If you throw a pre-nup at her you imply that you don't expect it to last.

Just my thoughts.

 

[The Y-man]

or just don't live together till you're committed.

Yeah, call me very old fashioned, but I think the Love Test (not "fest"!) should apply i.e. "I love you so much I will give this property (and everything in it) to you if you want it...."

Cheers,

The Y-man

 

[Hulkster]

It's crap. Family courts look at the length of a relationship and consider 5 years to be short term. For short terms it matters what you brought with you financially to the relationship and your contribution during the relationship.

 

[Dazz]

in a relationship which is fairly fresh, but when house is finished i think she might move in

You can be absolutely iron clad 100% guaranteed and protected that you will not have 1 cent taken from you if you do 3 things ;

1. Don't allow her to move in.
2. Don't fiddle with her bits.
3. Don't allow her to fiddle with your bits.


Life is so simple and uncomplicated once the bits are taken out of the equation.


Now go home, pick that huge guitar up and give it a good strum.

 

[skater]

I don't think you have to worry - certainly not about six months. Generally 2yrs is considered defacto, but even then it doesn't automatically entitle the other spouse to half.

I would be worried too. If the relationship is new, why on earth would you even entertain the idea of her moving in. Like you said, being in a new relationship, you don't know if it is going to last, or even what her intentions are.

Rugrat says that it is 2 years before it is considered defacto. I have no idea how long it is, but consider this. The house is built. She moves in. She falls pregnant. No matter how long the relationship has been in existance, you can bet your bottom dollar that the rules will change once there is a child to support.

But yu can always move out and rent anther place.

If you must live with her, then rent your house out and rent yourself OR get a prenup OR both. Better yet, just don't live with her.

 

[twobobsworth]

http://www.liv.asn.au/public/legalinfo/family/family-Defacto.html#Heading83

 

[RumpledElf]

Damn, I moved in with the other half after about 2 weeks of dating ... a couple of months down the track his mother packed all his stuff into boxes and turned his room into a photographic studio.

4 and a bit years on I can't get rid of him

 

[tarah]

Hi JD86,

I called the Legal Aid Commission to check, as I was getting info from friends who would say 6mths, 2yrs. I was told 3yrs. Try this number for VIC:

Victorian Legal Aid Commission
Main Office: 350 Queen Street
Melbourne Vic 3000
Ph: 03 9269 0234
Country callers: 1800 677 402

Tarah

 

[HomeBuyAU]

This is why God tells us not to fornicate until we are married, not saying I haven't but you break the rules and you live by the consequences. My advice, Don't live with her, don't have sex until you are both totally in love and want to be together for the rest of your lives, Anything less is SIN and Evil and your pay the price

 

[Perp]

Surely it doesn't matter how long the "test" for a relationship is. If it's two years, what are you going to do if it gets to 23 months down the track? Tell her she has to move out to protect your rights?

You have to assume the "worst case", that the relationship will last for long enough to be classed as "de facto", but not forever, and plan accordingly. The whole getting her to pay rent etc is really irrelevant; you can't be in a de facto relationship and exempt yourself from exposure without a binding financial agreement. Even if there is a BFA, I believe (but am not 100% sure) that if she ever has a child, it wouldn't hold. So for this reason, and even more significantly because of the social/emotional repercussions of having unplanned children, I wouldn't be relying on her to "take care of" contraception.

Speaking of which: what if you have a child together, but never lived together? I know the father would still be liable for child support, but do questions of asset division arise in such a case? I've never thought about it.

I vote for the "don't live with anybody until you've decided to make a commitment to them that both parties intend to be life-long".

 

[JD86]

hi guys, iv known this girl for 18 months, been dating about 3 months, and the house isnt due for completion for another 4 months or so

i am just asking to get the record straight as i have been told numerous things

children wont be a problem as she cant have them

the circumstances are, she is currently living with her cousin close to me, but her cousin is moving away, so my gf either goes with her mum, who is over an hour drive away, or moves in with me (at which point we would be together for around 6 months)

i cant be certain its going to last, but want to try, but dont want to lose my house if it dosnt work out

thanks Tarah, ill give that number a call

 

[redsquash]

It's crap. Family courts look at the length of a relationship and consider 5 years to be short term. For short terms it matters what you brought with you financially to the relationship and your contribution during the relationship.

Sorry but you are completly wrong.
the 6 month test is somewhere near the mark and state laws also come into play

 

[Y33]

In the hands of a good lawyer she can get half now. You are already in a relationship. The rules regarding relationships where recently changed due to same sex relationships. Anyone having an affair outside of the matrimonial home that can be proven to be a relationship gives the other person rights to all sorts of things etc if the relationship breaks up.

The rules from my understanding have totally changed and there are some cases pending that may cause a lot of concern to people if they get a certain ruling.

Monsoon, you are joking about the SIN & Evil before marriage aren't you?

 

[Casserole Dish]

I was always under the impression it was 6 months. Mainly because my boyfriend (now husband) made such a song and dance at the 6mth mark about how much he loves and trusts me not to nick off with half his $. Mind you we were renting and I'm pretty sure I was earning more than he was at that point (which still wasn't a big number - I was a receptionist back then).

We moved in together after going out for 5 or 6 months. That felt quick to us but we knew it would be fine. Without getting too mushy we knew we were both in it for the long haul and here we are 13 (14?) years later.

the circumstances are, she is currently living with her cousin close to me, but her cousin is moving away, so my gf either goes with her mum, who is over an hour drive away, or moves in with me (at which point we would be together for around 6 months)

Another alternative is she rents someone locally all by her big self and things don't get tangled at all. There's too much we don't know about her (and you) to really comment on. She might be a nice sweet thing without a bad bone or she might be a sneaky piece that wants free/cheap accommodation.

Mixing matters of the head and heart are always tricky. Let us know what you work out.

 

[RumpledElf]

children wont be a problem as she cant have them

Unless she actually has no ovaries or uterus or something, you wouldn't believe the number of people who get told this by a doctor, don't use contraception, and promptly get pregnant.

 

[pennyk]

Unless she actually has no ovaries or uterus or something, you wouldn't believe the number of people who get told this by a doctor, don't use contraception, and promptly get pregnant.

My mum and dad were told that, and my best friend and her husband... they both ended up with 5 kids . I guess they proved the drs wrong!
Pen