If you’re living in Brisbane and suddenly find yourself wondering, “Can my girlfriend take half my house in Australia?” you’re not alone. It’s one of the most common questions people ask when a relationship becomes serious or starts to show cracks. The short answer is that she can’t simply take half the house just because you’re together; however, depending on your circumstances, she may very well have a legal claim. In Australia, the law doesn’t only look at whose name is printed on the title. It looks at the relationship itself—how you lived, how you shared expenses, and what contributions each of you made over time.
Understanding How the Law Works for Couples in Brisbane
In Brisbane, de facto couples fall under the same legislation that governs married couples when it comes to dividing property: the Family Law Act 1975. This means that if your relationship comes to an end, the court doesn’t just glance at the title and walk away. Instead, it takes a holistic view of your relationship and considers whether a property settlement is necessary to reach a fair outcome for both people.
You don’t need a marriage certificate for this to apply. If you and your girlfriend have lived together on a genuine domestic basis—shared finances, a shared home, and a shared life—you may already meet the threshold of being considered de facto. Once you cross that line, the house can be treated as part of the property pool, even if it’s legally owned by only one partner.
If you’re uncertain whether your situation legally qualifies as de facto, this is the kind of question that Sydney de facto property settlement lawyers at Justice Family Lawyers deal with regularly. Their guidance can be especially helpful when the relationship has blurred boundaries or involved complex financial arrangements.
How Ownership Affects Your Position
Ownership structure plays a big part in how the court views your property, especially when a house is held jointly. If your girlfriend’s name is already on the title, the nature of that ownership becomes important. Under joint tenancy, you’re generally regarded as holding equal interests. If one of you were to pass away, the other would automatically inherit the property, regardless of what your will says. Although joint tenancy suggests equal ownership, the court can still adjust the result if fairness demands it.
Tenancy in common is a bit different. It means each of you holds your own share—sometimes 50/50, but it could just as easily be 70/30 or some other variation. If you separate, those shares become a starting point for negotiations, but the court still has the power to adjust the division depending on each partner’s contributions and future needs.
What If the House Is Only in Your Name?
Many people assume that having the house solely in their name gives them complete protection. Unfortunately, it’s not that straightforward. In Brisbane, if you’re considered to be in a de facto relationship, your girlfriend may still have a right to claim a share of the property’s value, even if she never appeared on the title. The court isn’t interested in formal ownership alone. It looks for evidence of contributions—both financial and non-financial—that supported the relationship or improved the asset.
Maybe she helped pay the mortgage. Maybe she took care of household bills while you focused on repayments. Perhaps she was the one handling the cleaning, cooking, or childcare so you could work longer hours. Renovations, maintenance, and unpaid domestic labour can all be taken into account. The court will also consider things like each person’s earning capacity, health, age, and financial prospects moving forward.
This is why people often seek out affordable family lawyers in Brisbane from firms like MK Law when these situations arise. They can help you understand how your relationship dynamics influence potential claims on your property.
When Could She Potentially End Up With “Half the House”?
Although there’s no automatic 50/50 split under Australian family law, there are definitely situations where a court may decide that half— or something close to half—should effectively go to your girlfriend after separation. This tends to happen in longer relationships where the home functioned as the family residence and where both people made meaningful contributions, whether through paying the mortgage, renovating, supporting children, or even supporting your ability to earn an income.
The court doesn’t treat the house in isolation. It looks at the entire property pool, which can include savings, cars, superannuation, businesses, and investments. The final division might give her a share that feels like “half the house” simply because her entitlements across all assets amount to that level of value.
What Happens to the Mortgage When You Separate?
The mortgage can quickly become one of the most stressful parts of a separation. If you’re both listed as borrowers, you’re both legally responsible to the bank—regardless of what’s fair or what you’ve agreed on privately. If neither of you can afford the repayments alone, selling the property often becomes the most realistic solution, with the remaining funds divided after the debt is cleared.
Another option is for one partner to buy out the other, which usually involves refinancing into one person’s name. Some former couples even choose to keep the house jointly for a while—for example, until the children finish school—though this only works when there’s a clear agreement about expenses and responsibilities.
If the mortgage is solely in your name, but your former partner continues living in the property, things get more complicated. You’ll likely need legal advice to ensure your financial and ownership interests are protected.
Practical Ways to Protect Yourself
If you already own a house and want to minimise potential complications when living with a partner, there are several practical steps you can take. The first is keeping clear records of who contributed what. Even simple things like bank statements, receipts for renovations, or documentation showing who covered everyday expenses can help provide clarity later on. Although it might feel a little formal, some people choose to enter into a Binding Financial Agreement, which outlines how assets—including the home—would be divided if the relationship were to end.
You might also think carefully about whether you want to change the type of ownership if you’re planning to add your partner to the title. Joint tenancy works differently from tenancy in common, and each carries its own implications for separation and estate planning. Getting legal advice before making a significant financial decision like this can save a lot of stress later.
Even if everything in your relationship seems stable now, seeking early guidance can give you more certainty and control. Asking a lawyer for advice before your partner moves in, or before you purchase a property together, can give you a clearer picture of your rights and responsibilities—and potentially prevent disputes down the line.
Key Takeaways to Keep in Mind
While your girlfriend can’t just take half your house simply because you’re in a relationship, the law in Brisbane does allow de facto partners to seek a property settlement after separation. Whether she ends up with a share—possibly even something close to half—depends on how the court views your contributions, your relationship, and your collective financial circumstances.
Being proactive, informed, and prepared is the best way to protect yourself. With the right legal guidance, you can navigate these questions with confidence and ensure that both your rights and your future are properly safeguarded.
Author Bio: Jeryl Damluan is a seasoned SEO Specialist and Outreach Specialist at Justice Network. She excels in building authority links and amplifying online presence for law firms and businesses through strategic content creation and digital marketing.