Hi, have just moved in with my partner and her 2 children. She is separated (for 5 years) and her husband, owns 50% of the house where we live. Given that her husband doesn't contribute to the payment of the mortgage, maintenance, or rates over the years, am I obliged to provide him 50% of the rent that I might pay? How might this affect settlement as this is pendind and actually we are told a 40%/60% split is in my partners favour is most likely. Below is his email to my partner...Hi MH, I believe that Adrian has moved into Queens Ave permanently. As I've still got a 50% ownership, I believe it's only fair I receive a portion of rent until such time as the property is settled. I'm happy to negotiate a fair offset. I suggest the following based on current Oakleigh rental prices. (please check realestate.com.au for market rates): An average 3 bedroom house in Oakleigh is ~ $400 per week = $1600 per month. Half of this is $800. From the $800, you should receive $400 and I should receive $400 per month. regards Stuart Look forward to your comments,Adrian Commander
<>? am I obliged to provide him 50% of the rent that I might pay? <>Yes, the owners are equally entitled to a portion of the rent - even though he may not be contributing to the mortgage. The best way around this is simply to have your partner make you a guest in the home, and not a renter.If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.Alex40664.9866962963
A little more information for you...I am NOT currently not paying rent or any contribution towards the mortgage. I AM assisting with day to day expenses including helping to keep his children while they are here which 70% of the time. My partner is paying (and has been for the last 5 years) all the mortgage repayments and the day to day upkeep as well as the annual council and water rates for the home...I f you feel it is still appropriate for him to receive half of the rent ... how is a guest status officially obtained.
If you are not paying rent, then he is not entitled to rent from you. As a co-owner of the home, your partner is allowed to have you to stay in the home as a guest indefinitely.He has no lawful entitlement under law to rent if you are not paying rent to the other owner (your partner).If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.Alex40665.0182435532
I did my law degree at the University of Queensland
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