Never married? In Australia, that protects you far less than most people think. If you were in a de facto relationship, your former partner can generally make the same property settlement and maintenance claims as a divorcing spouse. The house being in your sole name does not prevent a claim, and there is no rule that what each person brought in is what they take out.
When de facto property rights arise
A former de facto partner can generally apply for a property settlement if the relationship lasted at least two years, or there is a child of the relationship, or one party made substantial contributions and it would be seriously unjust not to recognise them, or the relationship was registered. Living together is central but not decisive; the law looks at the whole relationship, including finances, property arrangements, commitment to a shared life, children and how the relationship appeared publicly.
What your ex can claim
The same framework that applies to married couples: identify the pool including superannuation, assess contributions financial and non-financial, consider future needs, and reach a just and equitable outcome, including the post-June 2025 considerations around family violence and financial abuse. Sole ownership on the title matters far less than people expect; contributions as homemaker and parent count here just as they do in marriage.
The two-year deadline is the trap
De facto claims must generally be started within two years of separation, and unlike divorce there is no formal event that marks the date, so the separation date itself is often disputed. If you are the one who may need to claim, do not run the clock down. If you are the one likely to face a claim, the passing of the deadline matters just as much to know about. Out-of-time claims are possible only with the court’s permission in limited circumstances.
Protecting yourself going forward
For new or current relationships, a binding financial agreement can define what happens if you separate. For relationships ending now, an agreed settlement formalised by consent orders gives finality that an informal handshake never will.
Frequently asked questions
We lived together for 18 months. Can my ex claim?
Possibly, if there is a child of the relationship, substantial contributions, or a registered relationship. Otherwise the two-year threshold generally applies. The facts matter; get advice rather than assume.
Does my ex get half my super?
Superannuation is part of the pool in de facto matters just as in marriage, and can be split, but there is no automatic half of anything.
How do I prove when we separated?
Messages, changed living or financial arrangements and what you told others all matter, the same evidence issues as separation under one roof.
Worried about where you stand?
Whether you are considering a claim or expecting one, the two-year clock makes early advice valuable. A 90-minute consultation gives you the realistic range and the deadline that applies to you. Use the enquiry form just below, or call (02) 4210 9288. Garrison Lawyers acts for clients across Wollongong, Shellharbour, Kiama, the Illawarra and the Shoalhaven.
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This article is general information only, current at the date of publication. It is not legal advice and does not take your circumstances into account. For advice about your situation, speak with a family lawyer.