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  #41  
Old 13-01-2014, 02:11 PM
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  #42  
Old 13-09-2014, 05:17 PM
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Hi there! I use to frequent this place more often!

Old thread but somewhat relevant...

Situation...

An old mans wife passes away after 30yrs of loving marriage, hes on a pension, they had one asset, their home. Its a semi-rural place soon to be re-zoned and developed. Was always their plan to sell up and move to the country.

The old man has found a lady friend, he likes her and trusts her and she moves into the place, shes not working and lives there for free.

They have been together for say 12 months and in that time the old man sells up and moves to the country with the lady. The "sell-up" is worth millions.

Question:

How much claim does the new lady have over the proceeds of the sale of this core asset? If they part ways down the track...

I understand that if she has added value to the place in the short time shes there then there is a legitimate claim over value generated in that period, but 6-12months vs 30yrs of time/work appreciation etc?

Thoughts?
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  #43  
Old 13-09-2014, 05:28 PM
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Quote:
Originally Posted by 207 de View Post
Hi there! I use to frequent this place more often!

Old thread but somewhat relevant...

Situation...

An old mans wife passes away after 30yrs of loving marriage, hes on a pension, they had one asset, their home. Its a semi-rural place soon to be re-zoned and developed. Was always their plan to sell up and move to the country.

The old man has found a lady friend, he likes her and trusts her and she moves into the place, shes not working and lives there for free.

They have been together for say 12 months and in that time the old man sells up and moves to the country with the lady. The "sell-up" is worth millions.

Question:

How much claim does the new lady have over the proceeds of the sale of this core asset? If they part ways down the track...

I understand that if she has added value to the place in the short time shes there then there is a legitimate claim over value generated in that period, but 6-12months vs 30yrs of time/work appreciation etc?

Thoughts?
If she can prove they have lived together for over 12 months its classed as a de-facto relationship and she could take half his shit if she wanted (if things go south) A good friend of mine got royally screwed this way.
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  #44  
Old 13-09-2014, 05:59 PM
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I thought it was 6 months
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  #45  
Old 13-09-2014, 06:30 PM
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Quote:
Originally Posted by phizzle View Post
I thought it was 6 months
Yup pretty sure you're correct
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  #46  
Old 13-09-2014, 08:07 PM
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Effing very unfunny joke if it is . . .
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  #47  
Old 13-09-2014, 08:13 PM
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Quote:
Originally Posted by phizzle View Post
I thought it was 6 months
I'm no lawyer but I think these documents might shed some light on the matter:

http://www.familycourt.wa.gov.au/_files/defacto.pdf

http://www.familycourt.wa.gov.au/_fi...quirements.pdf

http://www.familycourt.wa.gov.au/_fi...nformation.pdf
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  #48  
Old 13-09-2014, 09:17 PM
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Quote:
Originally Posted by rjb View Post
I stand corrected
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  #49  
Old 13-09-2014, 11:06 PM
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Laws are constantly evolving, whilst getting the starting point right is of paramount importance spending a bit of money to get advice shouldn't be an issue.

Which stand point is this question asked from?
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  #50  
Old 14-09-2014, 06:25 AM
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MarC; The standpoint of the Man.

Some good links rjb...Family court Act part 205ZG (4) seems the be the section to read...
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