143 Answers

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.

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