The Law Applies to You Too
The Property (Relationships) Act 1976 applies equally to married couples, civil union partners, and de facto couples. Once you qualify as a de facto couple, the same equal-sharing rules apply to your relationship property.
When Do Your Rights Begin?
Generally, the Act's equal-sharing rules apply once a de facto relationship has lasted three years. But the timeline is not always straightforward.
Relationship Begins
When you begin living together as a couple (not just dating or sharing accommodation). Courts look at when you started sharing a residence as your primary home.
Early Relationship
Default rules generally do not apply yet, but exceptions exist if you have a child together or one partner makes substantial contributions.
Full Rights Apply
After three years, the same equal-sharing rules apply as for married couples. The family home and family chattels are presumed to be relationship property.
Exceptions to the Three-Year Rule
The three-year threshold is not absolute. A court can divide relationship property before three years in these circumstances:
Child of the Relationship
If you have a child together, the Act can apply from the very start of the relationship. This exception recognises the significant commitment involved in raising children together.
Substantial Contributions
If one partner has made significant contributions and would suffer serious injustice without a share of the property, the court may intervene before three years.
What Courts Consider
A de facto relationship is more than just living together. When determining whether a relationship qualifies, courts consider these nine factors:
Duration
How long have you been together?
Common Residence
Do you share a home as your primary residence?
Sexual Relationship
Is there an intimate relationship?
Financial Dependence
How do you share finances and expenses?
Property Ownership
How is property owned and used between you?
Mutual Commitment
Is there commitment to a shared life together?
Care of Children
Do you care for children together?
Household Duties
How are household responsibilities shared?
Public Reputation
Are you known as a couple to others?
No single factor is decisive. Courts look at the overall picture of how your lives are intertwined.
Common Misconceptions
Many couples have misunderstandings about how the law applies to their situation. Here are the facts:
Myth
We're not married so the law doesn't apply to us
Reality
The Property (Relationships) Act applies equally to de facto couples. If you have been together for three years (or meet an exception), the same rules apply.
Myth
We keep our finances separate so we're protected
Reality
How you manage day-to-day finances does not determine how property is classified. The family home is usually relationship property regardless of whose name is on the title or who pays the mortgage.
Myth
We'd have to go to court to prove we're de facto
Reality
Most couples know whether they are in a de facto relationship. Court involvement is usually only needed when there's a dispute about whether a relationship qualifies.
Myth
My partner can't claim anything because I owned everything before we met
Reality
Property you brought to the relationship is generally separate property, but things can become complicated. The family home is often an exception, and separate property can become relationship property if mixed with relationship assets.
Your Planning Options
If the default equal-sharing rules work for you, you may not need to do anything. But if you have assets you want to protect, or want certainty about what belongs to whom, you have options:
Contracting-Out Agreement
You can agree on your own rules for how property will be divided, instead of the default equal sharing. This is the most direct way to protect specific assets or create certainty about ownership.
Estate Planning
If one of you dies, understanding how relationship property works alongside wills and estates is essential. Your surviving partner has important choices to make.
Combined Approach
Many couples use a contracting-out agreement together with trusts and wills for comprehensive protection. This integrated approach addresses both lifetime and death scenarios.
Key Takeaways
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The Property (Relationships) Act applies to de facto couples, not just married couples
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After three years (or sooner with children or substantial contributions), equal sharing applies
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Living together as a couple involves many factors - not just sharing a house
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When your relationship legally "started" can be ambiguous and matters for planning
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You can opt out of the default rules with a contracting-out agreement