Hello!

I’m in need of desperate advice regarding a relationship break up, of over 20 years. Though not married – we have 4 children + 4 properties. What are my obligations and entitlements? My ex is being rather unfair, saying I’m entitled to nothing. Can he legally sell the properties which are in both names without my consent? A lawyer would be great but so expensive. I really need some advice on where I stand in my sticky breakup, regarding assest and property. Am I entitled to Legal Aid in WA? A lawyer is far from accessible at the moment. Help would be greatly appreciated. Thanks! Do you know the entitlements after a break up?

Posted by anon, 14/08/13

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  • That is a sticky situation after so long , and I think that with Australian laws you are treated like husband and wife after two years regardless of marriage or not. I would ring Legal Aid first in your state to see if there is a free consultation and get some guidance and if possible perhaps mediation with your partner to be sure that it what both of you want . There must be a reason why you have not tied the knot after so long and I think both of you deserve counselling for the kids sake before any decisions are made .


  • Pretty sure you’re entitled to half of all assets that were acquired during your time together. And no, he can’t sell the properties without your signature. Look in your phone book or online. There will be free legal help listed


  • If you dont get legal representation you will be walked over …. just get the lawyers involved and you can work out a payment plan … do not delay plz


  • I’m hoping for the best possible outcome for you x


  • hope everything works out, best to talk things over once everything has settled


  • I hope things work out well for you


  • You need to seek legal aid best of luck


  • I would assume u need joint signature for sale?


  • As far as I know he can’t sell without ur concent as its in ur name also!


  • Sounds like he is being very unfair. He definitely can’t sell without your consent. You need to seek legal advice. I hope it all works out for you.


  • you do have rights, & shouldn’t be able to sell with out your permission. but do invest in a you can pay him when you sell some of those properties.


  • You should be entitled to legal aid depending on your income.
    Generally in the case of a relationship break down assets are split 50/50 (if not more, in favour of the mother where children are involved) – Unless there is a signed agreement to the contrary.
    Try talking to your ex once the dust has a chance to settle – chances are if the break up is pretty fresh he may be talking out of anger and not rationally thinking about the situation.
    I would hope that even if things are no longer good between the two of you that he would want to do what is best for the kids.


  • Things also have to go through mediation


  • Not only stay strong, but don’t allow any partner to intimidate you and emotionally batter you… you start to feel that you’re weaker, however you will retrieve your inner strength. If anything he will be losing the lot, not yourself… you have much more priveleges and entitlements when it comes to a separation with two young kids. Best thing to do… is totally ignore his comments at this stage and seek expert advice :) Good luck


  • To start with, please be assured that your ex CANNOT legally sell any property that has both your name and his name on the title deeds without your consent. I would definitely contact Legal Aid WA (http://www.legalaid.wa.gov.au/Pages/Default.aspx) and have a chat with someone to seek some legal advice. Good luck, and stay strong.


  • Get a good lawyer or you will be gipped out of it all, ring legal aid first


  • you are entitled to half of everything and if properties are in both name he can not legally sell without ur consent. u are entitled to legal aid yes.


  • I would seek legal advice without hestitation. From my own personal experience if you try to be nice and work things out between yourselves it only comes back to bite you, especially if the other party is angry, cunning and vindictive. Look into if you are eligible for legal aid in your state. I’m quite sure you would be entitled to half the property and assets. It’s extremely difficult but be strong and know there is light at the end of the tunnel.


  • OP I have commented on the website but I live in WA and my sister has gone through this in WA so I know a lot of the avenues and would love to help and support you if you need it.


  • First of all your ex is being a prick because you ARE entitled to a lot more than nothing. Maybe even 60/40 split in YOUR favour if you are the main caregiver of the
    children. He cannot sell the property without your consent as it has both your names. You need to do a property settlement so each of you can get the correct entitlements.

    Legal Aid goes by income so you will need to ring them to find out what you are entitled to (I am in WA). EVen if you are NOT entitled to legal aid there are ways to get legal adivce with minimum costs including Citzens Advice Beauru and the Womens Legal Centre.

    Entitlements after a breakup will depend on how old your children are. If one is under I think it is 6-8 years old you will be entitled to Single Parenting Payment and FTB. Do not wait until he has gone (or you have moved out). Get the ball rolling now. If you have to stay separated under one roof for a time you can STILL get single parenting payment if you can prove that you are separated while you are in the same house.

    Ring Child Support and register now. If you dont after a certain amount of time they will cut your FTB payments. I know some people have had it good with private agreements but if your ex is being vindicitive now I would suggest getting Child Support to do an assessment and collect the payments on your behalf. That way if he isnt paying there are avenues for you.

    I live in WA and I would be happy to help you in terms of advice and support but I am not sure hwo I could do this on this website….


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