Buying a home with a partner raises questions about ownership, borrowing and what happens if circumstances change. Get advice before committing rather than relying on a single rule about how long you have lived together.
Understand de facto status
Whether a relationship is de facto depends on the legal definition and circumstances. The two-year relationship period is one gateway for certain financial proceedings, with alternative gateways and other conditions; it is not a universal waiting period before a relationship can be recognised.
Choose the ownership structure carefully
Joint tenancy and tenancy in common have different consequences, including on death. Joint-tenancy interests generally pass to surviving joint owners, while a tenant-in-common share forms part of the deceased owner’s estate. Discuss title and estate planning with your legal adviser; ownership labels alone do not settle every later dispute.
Discuss contributions and borrowing
Record the deposit contributions and proposed expenses. Ask about the liability created by the loan rather than assuming each person is responsible only for their contribution. Keep practical household arrangements separate from the legal effect of the documents.
Consider a financial agreement with advice
A binding financial agreement has technical requirements, including independent legal advice for each party. It is not a simple promise that family-law provisions will never apply. Ask a family lawyer about your circumstances and keep estate-planning documents under review.
Sources and current guidance
- Federal Circuit and Family Court — de facto relationships
- Federal Circuit and Family Court — financial agreements
- State Library of NSW — shared ownership
- ASIC Moneysmart — love and loans
Guidance reviewed 3 October 2026. Check the linked official information for your circumstances.
