Can My Girlfriend Take Half My House Australia? Avoid Costly Mistakes

When your relationship breaks down, worries about losing your home can keep you awake at night. You’ve worked hard to buy the property, you’ve made the mortgage payments, your name is on the title — so surely your girlfriend can’t just walk away with half of it, right?

Not quite. Australian family law doesn’t work that way. Your partner isn’t automatically entitled to half your house, but in some situations, they may have a legitimate claim to a share of it. The difference between keeping your property and losing a portion of it often comes down to understanding how de facto relationships are treated under the law — and acting before it’s too late.

Quick Answers

• No automatic 50/50 split – Your partner isn’t entitled to half your house just because you’ve lived together
• De facto relationships have property rights – If you’ve lived together for 2+ years (or meet other criteria), they may make a claim under the Family Law Act 1975
• Courts consider contributions – Both financial (mortgage payments, renovations) and non-financial (child care, homemaking) matter
• Time limits apply – De facto property claims must be filed within 2 years of separation
• Protection is possible – Binding financial agreements and proper documentation can safeguard your assets

When Does a De Facto Relationship Give Property Rights?

The number of de facto relationships in Australia has surged in recent decades, with more couples choosing to live together without formalising their relationship.

This shift matters because de facto couples now have the same property settlement rights as married couples under the Family Law Act 1975.

What Defines A De Facto Relationship?

A de facto relationship exists when two people (same-sex or opposite-sex) live together as a couple on a genuine domestic basis. The court looks at several factors when determining this, including:

• The duration of the relationship (usually 2+ years required)
• Whether you shared finances or had joint bank accounts
• The degree of mutual commitment to a shared life
• If you had children together
• How you presented yourselves publicly as a couple
• The ownership, use, and acquisition of property together
• Whether there was care and support of each other

Important exceptions to the 2-year rule:

Your partner can make a property claim even if you’ve lived together for less than 2 years if:

• You have a child together, or
• They made substantial financial or non-financial contributions, and serious injustice would result if she couldn’t make a claim, or
• Your relationship was registered under state or territory law

If your relationship doesn’t meet the legal definition of de facto, they have no claim to your property under family law. But if it does, the door opens to defacto property settlement proceedings.

There’s No Automatic Right to Half

This is the most common misconception we hear: “My girlfriend thinks she’s entitled to 50% of everything.”

She’s not.

Australian family law doesn’t work on a simple 50/50 formula. The court’s job isn’t to divide everything down the middle — it’s to achieve a just and equitable outcome based on each person’s situation.

How the Court Decides Property Division

When de facto lawyers can’t help couples reach an agreement, the Federal Circuit and Family Court applies a four-step process to determine property division:

Step 1: Identify the Asset Pool

Every asset and liability is thrown into the pool, regardless of whose name it’s in. This includes:

• The house and any other real estate
• Superannuation funds
• Bank accounts, savings, and investments
• Vehicles and personal property
• Business interests
• Debts (mortgage, credit cards, personal loans)

Step 2: Assess Each Person’s Contributions

The court examines both financial and non-financial contributions throughout the entire relationship.

Financial contributions include:

• Initial deposits and purchase costs
• Mortgage payments and household expenses
• Renovations or improvements that increased property value
• Income, savings, or gifts from family that helped acquire assets
• Paying off debts or liabilities

Non-financial contributions include:

• Caring for children or elderly relatives
• Homemaking and domestic duties
• Supporting your partner’s career advancement
• Renovations or maintenance work done personally
• Managing household finances or investments

Both types carry equal weight. 

Step 3: Consider Future Needs

The court also looks ahead at each person’s situation after separation:

• Age and health
• Income and earning capacity
• Care responsibilities for children
• Financial resources and property available to each person
• Ability to support themselves
• Any relevant standard of living

Step 4: Check for Justice and Equity

Finally, the court steps back and asks: is this outcome just and equitable? If the proposed division would leave one person in genuine hardship whilst the other thrives, adjustments may be made.

The Critical Time Limit You Can’t Afford to Miss

Here’s something many people don’t realise until it’s too late: you only have 2 years from the date of separation to file a de facto property settlement claim. This is a hard deadline under Section 44(5) of the Family Law Act 1975.

If your partner doesn’t file their claim within 2 years of when you separated, they lose their right to make a claim — unless they can prove to the court that:

• Hardship would be caused to her or a child if the claim wasn’t allowed, or
• She’s unable to support herself without government benefits

Getting an extension is difficult and not guaranteed. The court considers factors like why the deadline was missed, how long the delay was, and whether it would be unfair to you if the claim proceeds.

If you’ve separated and 2 years have passed without your partner filing a claim, you’re generally safe from a property settlement claim. If you’ve recently separated, document everything and be aware that the 2-year clock starts ticking from the date of separation.

How to Keep Your House

If you want to retain your home during a property settlement, you have options.

Option 1: Buy Out Their Share

The most common approach is a buyout. You pay your former partner an agreed amount that reflects their share of the equity, then refinance the mortgage in your name alone.

Option 2: Sell and Divide Proceeds

If keeping the house isn’t financially viable, selling and splitting the proceeds may be fairer. This requires agreement on:

• Sale price and listing strategy
• How costs (agent fees, legal fees) will be shared
• Division of net proceeds
• Settlement timeline

Option 3: Deferred Sale

In some cases (particularly where children are involved), the court may order that the house not be sold until a future date (such as when the youngest child turns 18). One person lives in the property whilst the other retains an interest in it.

Any agreement must be formalised through consent orders or a binding financial agreement filed with the court. Informal arrangements are risky because they can be challenged later.

How to Protect Your Property Before It’s Too Late

Prevention is always better than a cure. If you’re entering a de facto relationship or already in one, these steps can protect your assets.

1. Get a Binding Financial Agreement

A Binding Financial Agreement is like a prenup for de facto couples. It sets out how assets will be divided if you separate. You can make a Binding Financial Agreement before, during, or after your relationship.

2. Keep Clear Financial Records

Document everything:

• Mortgage payment receipts showing who paid what
• Invoices and receipts for renovations or improvements
• Written agreements about shared expenses
• Bank statements showing contributions

If a dispute arises, clear records strengthen your position immeasurably.

3. Protect Your Title

If your property is solely in your name and you want to keep it that way, don’t add your partner to the title “to make things easier.” Once their name is on the title, removing it requires their consent or a court order.

4. Document Contributions

If your partner makes financial contributions toward your property, document them clearly:

• Are they paying rent (which isn’t a contribution), or contributing toward the mortgage (which is)?
• Are payments a loan to be repaid, or a contribution toward a shared asset?
• What are the terms if you separate?

Written clarity now prevents disputes later.

What to Do Right Now If You’re Worried

If you’re concerned about losing your house, time is your enemy. Waiting too long can limit your options and weaken your position.

Here’s what to do:

1. Determine if your relationship qualifies as de facto. If it doesn’t meet the legal criteria, property claims can’t proceed under family law.
2. Get clarity on your legal position. Understanding what you might be facing allows you to make informed decisions.
3. Act before separation if possible. Binding financial agreements and proper documentation are far easier to arrange whilst the relationship is amicable.
4. Don’t wait if you’ve already separated. Early legal advice can help you keep the house, finalise a fair division, or avoid protracted conflict.

Acting early keeps more options available and reduces stress during an already difficult time.

Get Expert Legal Advice in Cairns

Protecting your property rights doesn’t have to mean conflict. With the right legal advice, many property settlements are resolved through negotiation, preserving both assets and dignity.

At Cairns Divorce Lawyers, our team understands that behind every property settlement is a family facing uncertainty. We’ve helped hundreds of clients in Cairns and across North Queensland navigate defacto property settlement matters with clarity, compassion, and practical solutions.

Whether you’re worried about protecting your home, need to understand your entitlements, or want to formalise a fair agreement, we’re here to help.