Hi there. It sounds like you are in a difficult position. Jointly owned property can cause problems if the relationship between the owners breaks down. Based on the information you provided, your ex partner would not be able to easily take the apartment from you. As you are the legal co-owner, your ex partner would need to purchase your share of the property off you before he becomes the sole owner of the property. If he does not have the money to do this, either of you have the option of applying to court to force the sale of the property without the other person’s consent. A statutory trustee would be appointed to sell the property and the proceeds would be shared between you and your ex partner.

Things are slightly more complicated if divorce is being considered. When a marriage or de facto relationship breaks down, the couple usually needs to sort out how to divide their property and debts. This can be done through negotiation without going to court, but this option is not always appropriate. A separating couple can apply to a court for financial orders, which are orders that specify how the couple’s property is to be divided.

In making these orders, the court takes into consideration many factors. While there is no set formula for dividing property, the court will take into account the direct and indirect financial contributions each person has made to the marriage (e.g. wages, inheritance) and non-financial contributions, such as caring for children or homemaking. The court will also consider future requirements of each person, such as age, health, financial resources and ability to earn money.

In your situation, if you seek a divorce and need to divide your shared property, the court will take into account your joint ownership of the apartment. Your ownership rights are based on the financial and non-financial contributions you have made to the apartment since its purchase. While it may be presumed that you and your ex partner have made equal contributions, if he has been living in the apartment alone and paying all costs associated with the apartment for a long period of time, then a court may consider that he has made a greater contribution to the apartment. However, a court will also take other things into consideration, including details about you and your ex partner’s debt, the DVO and the reason you had to leave. After considering all these things, the court will make an order as to how your shared property is to be divided.