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Separating in DeFacto relationship, where assets are not in both names
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Hi AusLegal!

My father-in-law has just separated from his fiancé (in a DeFacto relationship for approx. 5 years now).

Due to his less-than-optimal credit circumstances (new small business), a property purchased while they were together has been mortgaged solely in her name, with her name solely on the title as well.

During the relationship, he has been paying 1/2 of expenses, 1/2 of work done to improve the property etc..

The property has increased considerably in value. His now ex-partner is planning on selling the property and keeping 100% of the gain for herself.

I believe his first move here would be to lodge a caveat on the property. Is this the correct course of action?

We plan to engage a solicitor to get it done, just trying to understand if our thinking is correct here.

Any other general advice, or personal experiences regarding this are also very welcome!

Thanks in advance!

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2 years ago