Can Joint Ownership of Assets Strengthen a De Facto Relationship Claim?

Whether joint ownership of property or any other assets will serve as a basis for establishing a de facto relationship will be determined by the overall context of the relationship. As per the law, in determining if two people are living together as a domestic couple, several different issues are taken into account, joint ownership of property being among them.

This guide explains how joint assets influence a de facto claim under Australian law, what evidence genuinely matters, and how you can strengthen your position with a well-rounded account of your relationship.

An Overview of De Facto Relationships in Australia

As per Section 4AA of the Family Law Act 1975, a de facto relationship arises where two people live together as a couple in a domestic sense. They should neither be married to one another nor be related by family ties. From 1 March 2009 onwards, parties to an eligible de facto relationship that has come to an end can apply to the Federal Circuit and Family Court of Australia for financial orders. This will be made in a similar way to marriage dissolution cases. Because these financial matters are resolved much like the end of a marriage, the best divorce lawyers in Perth frequently advise de facto clients as well.

For making a claim for property settlement, the usual requirement is to prove that the relationship lasted for more than two years. A relationship can also be accepted if there is a child from the relationship or the relationship has been registered under a state or territory law.

How Courts Assess a De Facto Claim?

The court will assess all of the circumstances to consider a de facto claim. For couples based in Western Australia, a de facto lawyer Perth residents can consult will explain how each of these considerations applies to their particular situation. In section 4AA, the factors that could be considered are listed as follows:

• Duration of the relationship
• Nature and extent of the common residence
• Degree of financial interdependence and financial support arrangements
• Ownership, use and acquisition of property
• Commitment to a shared life
• The care and support of any children
• The public aspects of the relationship
• If the relationship is registered in accordance with a prescribed law

The Role of Joint Ownership of Assets

Co-ownership is firmly rooted in two of the most important aspects that the court takes into consideration when reviewing the case: financial dependency and property purchase and usage. Since co-ownership means pooling of resources and shared financial life, each form of co-owned assets could signify something about the relationship.

• Ownership of properties or investments by joint ownership is a sign of commitment and intertwining of finances.
• Bank accounts held jointly show the normal mixing up of earnings and expenses.
• Joint loans are indicative of shared liabilities and dependence on each other financially.
• Joint beneficiaries in superannuation are a sign of provision for each other’s future.

Comparing Joint Ownership With Sole Ownership

Knowing what the difference between jointly owned property and singly owned property is is essential to de facto relationships. It may affect the way in which the asset may be viewed, and therefore it will be useful to note that:
A jointly owned property makes both individuals co-title holders or co-account holders right from the start.
Even a solely owned property becomes important when both partners have used it.

The ownership structure can vary from time to time as situations and intentions change.

Strengthening Your De Facto Claim

To make a compelling picture, it would be better to build your case across several categories and not focus only on ownership. Working with a de facto separation lawyer can make this far easier, as they know exactly which documents carry the most weight. In this regard, it would be wise to gather some documentation that includes:

• Financial documents showing shared bank accounts, joint debts, and joint expenses
• Proof of cohabitation through a lease/mortgage of a house signed jointly, and letters sent to both people
• Declarations of the witnesses about the public nature of the relationship
• Proof of shared parenting or caring for each other
• Statements about commitment and intentions in the future

Conclusion

Joint ownership of property can be one of the most convincing pieces of evidence that there was a real, committed relationship between the two people. But this method becomes even more effective when it is part of a larger, cohesive picture. If you intend to use joint ownership of property to bolster your case, make sure that you have your papers in order and know exactly how the ownership works for you. Seeking professional de facto legal advice before you lodge can also help you present that evidence in the strongest possible way.