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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 195
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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My name is simon. I own a house with my two brothers and

Customer Question

Hello my name is ***** ***** own a house with my two brothers and sister in country sa that was left to us after our mother passed. Things are changing in our lives and im being pushed out of decitions and my rights where the property is involved. I would like and very much need to start looking forward for my childrens future. I would like to be bought out for my share of our property or at least have a right for my family to use the one dwelling on the property as we are in crisis amd have no place to live. As such we are forced to rent a seperate property to reside while my two brothers share this dwelling. While they have been paying rent on the property i have had nothing paid to me. The rent money is saved in an account for repairs/improvements but i have little say in what happens with it. Neither do i jave accsess to records of the expenditure. Please help. Can i legally recover my share or have equal rights?
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW who will help with your inquiry today.

One thing you can try to do is to enter into a Deed of Co-Ownership with your siblings about the property. You can get a solicitor to prepare this for you. However you may find that they will resist it if they wield more power than you do currently in relation to what happens with the property. So it may be better to seek to sell the property.

You need the agreement of the other siblings to sell the property. However if you can't reach agreement, then you can seek an order from the Supreme Court of South Australia for a "partition" of the land.

A “partition” involves the Court apportioning shares to the property between the parties which may be different to their designated legal shares as set out on the title and the sale of the property and can involve various orders including listing of the property on the market usually by public auction. The Supreme Court has the power, and can be asked to make, various orders adjusting the shares of the parties in the distribution of the net proceeds of sale of the land after taking into account any mortgage loan that is due to be paid, the costs of sale and any outstanding rates and taxes. It is important to know that stamp duty does not apply in relation to any order for partition and sale of land.

So I suggest you find a solicitor in South Australia to help you with this. If the land is to be sold by public auction you may find a solicitor who is willing to be paid after the application to the Supreme Court is made.

Has that helped you today? Do let me know.