Yes (unless they were the subject of a cohabitation agreement). However the consideration given to those assets will vary depending upon the length of your relationship. For example, in a short relationship the weight attributed to this contribution will be greater than it would in a long relationship.
Defacto Property Settlement
Sometimes you might still be able to pursue a defacto property settlement even though the time limit for pursuing that settlement has expired. This will depend upon your particular circumstances. When the time limit has expired you need permission from the court to pursue a property settlement. Consult an experienced family law solicitor to see if you are still able to pursue a property settlement in your circumstances.
Even if you have reached an agreement with your defacto spouse it is important to record that agreement in a manner that will be recognised in the future and is enforceable. Without a properly recorded property settlement it is possible that one party may seek to revisit the settlement and seek an alternate (usually greater) property division at a later time. It is far wiser to invest some time and incur a relatively small expense now than expose yourself to what could be a very expensive and time consuming process in the future. If you have reached an agreement it can be recorded in either a Financial Agreement or a Consent Order.
In most cases the inheritance comprises part of the defacto property pool. There are some circumstances though when the inheritance can be excluded from the property pool. The timing of the receipt of that inheritance will determine how it is considered within the property pool and what weight it has in the assessment of entitlements. For example if it was received very early in a long relationship the weight given to the receipt of that inheritance will not be as great as if it were received at the start of a short relationship.
A defacto property settlement entitlement is worked out having regard to many different matters. For this reason it is important that you consult with an experienced family law solicitor as soon as possible. Matters which affect what your entitlement is include, but are not limited to, the length of your relationship, financial and non-financial contributions and any children and their ages.
No. Most cases settle without Court involvement. You will only have to go to Court if you and your defacto spouse are unable to reach an agreement in relation to property settlement. There are various avenues available to pursue a property settlement without having to commence a court proceeding. Such avenues include negotiation, mediation and collaborative law.