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I am currently building a house for myself. My partner is moving in with me; first into a rental property, then once the house is built we will move into the house together. I have read a lot of horror stories of assets being automatically acquired in the case that you and a partner automatically become defacto after a period of time. i.e. In a worst case, that they are entitled to half the build in the event of a breakup.

Looking to speak to someone (probably a law professional) to discuss what I can do to best protect myself in this scenario. I mean I view it as I love her, she loves me, and neither of us would do anything to hurt the other or try to take advantage. However I can't be certain that the version of her which "theoretically" no longer loved me would do. After so many years squirelling away funds, I am not prepared to risk my property.

What kind of professional should I speak to as to the best way to set this up to protect my asset?

Does anyone have any suggestions on what sort of terms and arrangements I can look into for this sort of scenario (surely it's not an uncommon thing)?

mhoran_psprep
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Scott Becker
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1 Answers1

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You should talk with an attorney specializing in family law. The "defacto" status you are concerned about, where it exists, is often called common law marriage. Protecting assets in the event of breakup of a marriage, whether standard (civil) or common law, may be addressed by a prenuptial agreement.

In Australia specifically, "defacto" relationships are a special category distinct from marriages.

nanoman
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