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Answered in 24 minutes by:
12/5/2010
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Morning,
You each have the same rights and you each own 50% of the property.
With your share you can sell them, mortgage them and do what you like.
Is they do not want to do ay further improvements then it is difficult to improve half a property.
Your choice is to either try and buy them out, Sell the house and move on, or have them buy you out.
As party A has been paying all the outgoings and costs I cannot see why Party B is veto'ing the improvements.
If you cannot agree then it is only by court order that you would be able to do anything.
I hope this is of assistance and if so please click on the accept button.
Good Afternoon,
On paper they still own 50/50.
If there is ever to be a sale then the party that has paid for the improvements would be seeking a greater amount.
If the other party does not agree then it would be an argument in court and the party that is paying for the improvements would have to show that they did pay for them and that they are entitled to receive a greater amount.
The argument would be that the other party was holding part of the paying parties share as a constructive trust.
The party paying for the improvements should have detailed records to back their argument just in case.
I hope this is of assistance and if so please click on the accept button.,
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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