top of page

OUR INSIGHTS

Platonic Co-habitation: When Living Together Could Lead to Legal Complications

  • Jeremy Callander
  • 11 minutes ago
  • 1 min read

In these challenging economic times, it is increasingly common to find people (usually two people) living together in a manner which – at least from the outside – suggests they are in a de facto relationship……when in fact they are not.

Of course, there is nothing inherently problematic or odd about this – it’s essentially a flatting situation. But what if:

a) Jill comes to believe that she and her long-term ‘flatmate’, Jack, are in fact a couple; and/or when

b) Jack (who is the owner of the shared residence) dies or else decides to bring the shared living arrangement to an end……Jill decides to bring a relationship property claim against Jack (or his estate) on the grounds that Jack and Jill were in a de facto relationship. While this may seem unlikely, such situations are increasingly common and can carry serious legal and financial implications.


What is more, the Supreme Court has recently decided (Sutton vs Bell) that – essentially – if you are contemplating the possibility of a de facto relationship, then you are in fact already in a de facto relationship.

If this – or something like this – sounds a bit too familiar and you are worried about the possible legal implications of your shared living situation, then please give us a call.

At Lucas & Lucas, we can help you to assess your situation, advise you regarding the likely – or at least the possible – legal issues that could arise from it, and assist you with mitigating or otherwise preparing for these.




Related Posts

See All
First Home Buyers – deposits and ‘deposits’

If you are the Purchaser under an Agreement for the sale and purchase of property and that Agreement becomes unconditional, you will (in most circumstances) be required to pay a portion (e.g. 10%) of

 
 
Property and Family

Sometimes purchasing property is not as straightforward as simply finding a property that you like and then buying it. Sometimes we need some assistance from family and/or friends.

 
 
bottom of page