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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My mum and dad are going through a property settlement. Dad

Customer Question

My mum and dad are going through a property settlement. Dad is living in the family's old home with his brother and nephew who are paying rent to him alone. He has refused access to the rest of the family despite mum still being an owner of the house. The house was almost ready to be sold until mum wanted to negotiate terms of the settlement. Before they were specified dad decided to cancel the sale of the home because he didn't want to negotiate the terms. He notified the real estate agent and other involved people, stating that all costs were to be sent to my mum. Is all of this legal? And what would be the best course of action?
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

It is all legal if they both agree. In court orders the costs will be deducted first mortgages paid and then the balance split between the owners.

I am not sure what the rental has to do with the settlement?

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