Breaking up with a partner with no time to find accommodation.
QUESTION:
My partner and I are breaking up as his sister wants to move into the house. We have been together for almost two years and lived together for about 18 months. He bought our farm in his name five months ago. At the same time, his sister packed up her house interstate and travelled to our farm by caravan. She now wants to move in and I am being kicked out at her request. My partner suffers mental health issues, which his sister is exacerbating. I am being told I am kicked out weekly and then told he loves me.
I want to leave but need my savings replenished as I spent them on the farm and food. I carry a lot of the expenses but don’t pay into the mortgage as he won’t allow it. He doesn’t pay for food or expenses so I have paid double.
He said he will have police remove me next week if I am not out. I have been searching for a rental home that will take a dog and two horses as I need to accommodate the animals. It’s only been two weeks since we decided it wasn’t going to work out for us.
Can he have police remove me? Do I have any rights? I just want time to find a rental.
ANSWER:
As with the ending of most relationships, there is a range of emotions including sadness to cope with, while at the same time dealing with the practicalities such as finding a new place to reside.
The panel congratulates you on your clear decision to leave the property. There is no basis for you to be concerned that the police will remove you, this only occurs in cases of domestic violence when the violent party has to leave.
As you have been together for less than two years you do not have any rights to make a claim for financial settlement unless a child has been born of your relationship. The dollar figure involved may not be much to argue about as there is likely to be very little equity in the property since its value is unlikely to have risen much in five months and not much of the loan will have been paid off. Nevertheless, you may be able to negotiate with your partner to see if an acceptable financial agreement can be reached before you leave.
You could estimate all of the expenses that you have covered over the past 18 months, food, household bills etc and suggest that it would reasonable for your partner to give you an amount that would cover the four to six-week bond on a new rental, and the first month’s rent. He will not be under any legal obligation to give you an amount of money but a reasonable person would surely give this consideration.
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