WHO GETS WHAT? DE FACTO RELATIONSHIPS AND IMPLIED TRUSTS

Abstract

For better or worse, the'de facto relationship' has become an institution of our modern society. With it, however, has come a number of legal problems. Where two parties live together, buy joint property and live 'happily' as man and wife, no legal problems are likely to arise. What are the legal consequences, though, where their harmony is shattered and both parties go their separate ways? Put shortly, who gets what? Because of the large number of couples currently living in de facto relationships and the considerable value of assets held by the parties, both individually and jointly, the practical importance of this question is obvious. If the parties were married, the court would be virtually unrestricted in the property orders it could make under the Family Law Act 1975. As yet, there does not exist in Queensland a statutory equivalent to the Family Law Act for those in a de facto relationship. In such cases, the answer to the question4 Who gets what?' is to be found in basic equitable principles which have developed over the years to cater for the changing conditions in our society.