How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Your Own Question
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5052
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
13248794
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

I am co-owner with my sister in a house. We both currently

Customer Question

I am co-owner with my sister in a house. We both currently live here together. She voluntarily wants to move out, therefore my partner is going to move in. He will be paying rent. How does this work? Who is entitled to what?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Hello
So you and your sister are both on title?
You and your sister paying a mortgage?

Customer: replied 1 year ago.
That's correcf
Expert:  Daniel replied 1 year ago.

Well if your partner wants to simply move in and pay rent, your sister still has a right over the property.
Your partner would not have any right to the property till after 2 years after cohabitation, and even then it is extremely limited due to his name not being on title.

Customer: replied 1 year ago.
I understand his entitlements, it's about what she is entitled to. Do I have to pay her Rent? Or does she get 50% of the rent he is paying?
Expert:  Daniel replied 1 year ago.

Hello
It is a matter for you, but I would suggest that it is a 50/50 split would be the most reasonable and legally correct option.

Expert:  Daniel replied 1 year ago.

She would still be liable to adhere to the mortgage payments, if she wishes to use the rental monies for that, then it is a matter for you and her to discuss.

Customer: replied 1 year ago.
she is not entitled to 50% of the value of rental income of this house from me if she vuluntarily left?
Expert:  Daniel replied 1 year ago.

Not specifically, the amount for rent can go directly into the account, split 50/50, go to payment of the mortgage.
Whatever you decide.
HOWEVER she must still abide by making payments to the mortgage.

Customer: replied 1 year ago.
Can you refer me to where I can read up on this information?
Expert:  Daniel replied 1 year ago.

Its simply an obligation to adhere to the mortgage.
If she wishes to leave the premises, she must still make payment.

Customer: replied 1 year ago.
My sister is posing she is entitled to 50% of the value of rental income from me, and yet I'm still paying half the mortgage repayments?
Expert:  Daniel replied 1 year ago.

How much is her payments to the mortgage?
How much will your partner be paying?

Customer: replied 1 year ago.
Her payment is $350/week, as is mine. My partner will be paying rent of $250/week.
Expert:  Daniel replied 1 year ago.

She needs adhere to the $350 a week.
if you want to help with the partner paying, it is a matter for you.
She is not entitled, but you can agree otherwise.

Expert:  Daniel replied 1 year ago.

Hello
If I have been of assistance, please click accept / leave feedback as to my service.