Can I leave my partner without losing half the house we're building?

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flametaillwizard123

New Member
Hey lads, bit of a weird situation. I'm building a housse with my missus – the one I want to be my ex-missus. I put down the deposit from my own money and paid for everything except the prestart variations, which she paid – roughly 40k. I want to leave her. We're both on the mortgage. How fucked am I if I leave her? Will she take half, or can I try to pay her the 60k for the prestart variations? She won't take the breakup easy, but I'm not happy with her and haven't been for a while. Do I see a lawyer? Not married, no kids. The house is due to be finished in September.
 
She put money in. So half is hers. That's my belief.

But like you said see a lawyer. That’s for a judge or mediator. Because one person’s story? Different from yours.
 
I know someone who went through this a mate of mine. They kept it amicable, sold the house when it was all over, and went 50/50. I'd guess you could buy her out, but if she's not going to take it well, I honestly doubt she'll agree to a fair deal. And if you walk away with half, I think that's just part and parcel of property and relationships.
 
Don’t be worried about just the house mate… I got taken for 46.8% in 3 years no kids, not married my super, boats, cars, houses everything was in the assets pool, every cent.

I would be nice and sit down have a conversation about how it’s not working and your happy to give back every cent she’s put in the house… and pray she’s happy to take that and walk about.

If you go to her with lawyers, you’ll poke rhe bear.

If she starts carrying on then lawyer up.
 
You need to speak to a solicitor because it might not just be about the house deposit.

If you're classified as a de facto relationship, all assets including super get pooled. Then they work out who contributed what, and a figure is calculated.

So just be aware: this could be more than the house.
 
Few factors can have bearing on the property split are you both working? Is there children? Financial and non financial contributions...

Now for the real talk in the lead up to property settlement, people are known to secrete funds and assets away from view. If this is something you decide to do be very careful if it’s found out through the court process, you will fare much worse. People have been known to do deals with contractors, over quote and hold excess funds... Stack away physical cash and bullion... Social media posts of fake casino trips with large losses, while the stake was never at risk.

What is your feelings on how fair she will be in this process will she go for everything the solicitor advises her?

If you are planning to see a solicitor for guidance be prepared. Take with you in written form:
a financial balance sheet showing matrimonial assets and debts, with attribution of who provided
a state ment of the relationship which will become the basis of your affidavit include from the very beginning with financial/non financial contributions, joint investments, individual investments, what each of your financial position was at the beginning of the relationship, any assets and liabilities prior to the relationship.

Taking all that in written form saves you $500/hr or more recounting it verbally.
 
I'd say offer her 50k (or a little more than what you both agree she put in), and explain that if we both get lawyers, we'd be looking at over $10k each just in those costs. Hopefully she'll see it makes sense to get her money back (and then some) instead of losing a whole bunch to lawyers.
 
Take a look at the 4 step property process.

It should give you an idea.
If the relationship is short (around 5 years or less) and you don’t have kids, it works better.
The springboard effect applies because you’re contributing more from the start.

You’ll be giving her money.
The question is just how much.
 
If there are no kids involved, you absolutely should walk away with only what you brought in and split what you built together nothing else is fair.

For the house, you calculate each person’s exact percentage contributions (and yes, non monetary contributions count too). Then you take that percentage of the current market value no negotiation, no excuses.

Here’s the real trap: anger and legal fees pile up and drain your settlement. The smart move is.often to accept a little less just to escape the nightmare. Don’t let pride cost you more.
 
Hey, just take your losses and walk away, friend. Yeah, it might hit you hard in the pocket. But we’re not on this planet forever, you know. Mental health will always come before wealth, any day.
 
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