Can your ex take half your assets?
Many couples move in together believing that living together immediately creates a 50/50 entitlement to each other’s assets. It’s a common misconception, and one that can cause unnecessary anxiety or poor financial decisions.
In reality, Australian family law takes a far more nuanced approach. Living together does not instantly merge your property interests. Any entitlement that may arise does so gradually, based on contributions and how the relationship develops.
Living together does not always mean a de facto relationship
Simply sharing a home does not necessarily mean the law recognises you as de facto partners. Courts look at a range of factors to decide whether a de facto relationship exists, including:
Duration of the relationship: generally at least two years, unless other criteria apply.
Financial interdependence: shared accounts, joint bills, or contributions to each other’s property.
Mutual commitment: the nature of the relationship and your plans for the future.
Children: having a child together can mean a de facto relationship is recognised sooner.
Public presentation: how you present yourselves socially and within your community.
Only once a de facto relationship is established can either partner seek a property settlement. Even then, the idea of an automatic 50/50 split is still inaccurate.
Why asset division isn’t automatically equal
One of the most misunderstood parts of family law is how interests in each other’s property develop over time. Living together alone doesn’t give a partner an immediate claim over assets owned by the other. Instead, entitlements grow as time goes on and contributions build up.
Courts consider a structured set of factors when deciding how assets should be divided:
Initial contributions: what each person brought into the relationship, such as savings, property or investments.
Financial and non-financial contributions: income, homemaking, renovations, childcare and emotional support.
Current and future circumstances: age, health, earning capacity and care of children.
What is just and equitable: the balancing step to make sure the outcome is fair.
This means a partner who owned a home before living together doesn’t automatically lose half of it if the relationship ends. Likewise, a partner who made significant non-financial contributions may receive a larger share than their financial input alone would suggest.
Over time, contributions can increase a partner’s interest in property they do not legally own.
For example:
A partner who helps pay household expenses may free the homeowner to pay down their mortgage faster.
A partner who carries out renovations or maintenance may increase the property’s value.
A partner who takes on childcare or homemaking may enable the other to earn more income.
These contributions build up gradually. Entitlements grow with the relationship, not from the moment you move in together.
How you can protect yourself
One of the most effective tools for clarity and protection is a Binding Financial Agreement (BFA). A BFA is a written agreement about how your property and finances will be dealt with.
A BFA can:
set out what happens to assets if the relationship ends;
protect property owned before the relationship;
reduce conflict and legal costs;
provide certainty for both partners; and
be made before, during or after you start living together.
For many couples, a BFA is simply a practical way to make sure both people feel secure and respected.
The bottom line
Moving in together is an emotional milestone, not a legal trigger for a 50/50 division of assets. Australian family law recognises that relationships change over time, and so do property interests. Entitlements grow gradually, based on contributions and the nature of the partnership, not the date you start sharing a home.
If you’re thinking about moving in together, or you already live together and want clarity about your rights, obligations or how to protect your assets, we can give you advice tailored to your circumstances.
Book your free 20-minute consultation
Every situation is different. A free 20-minute consultation gives you the chance to talk through your circumstances with our team, ask questions and understand your options before you decide on your next steps.
Call 07 2112 3947
Book online at jamesnoblelaw.com.au/contact
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