tenants in common

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
  1. J

    NSW Tenants in Common - Buying Out Father's Share?

    Hello, My father and I are 50/50 tenants in common on a property I live in and I now want to buy his share out. Do I need a formal contract of sale or do I just need a written agreement and the NSW Transfer form completed and then from reading online I have three months to pay the stamp duty...
  2. A

    WA De Facto Living in Estate in Fee Simple - Only Upon Remarriage?

    This query is in regards to a remarriage clause in an estate in fee simple. How could a de facto relationship factor into this ? One would assume that a widower living in a de facto relationship is against the spirit of the will. A few months after the death of her husband, a widow started a...
  3. D

    QLD Tenants in Common with Partner - Property Settlement?

    I separated from my de facto about 15 years ago. We are tenants in common in a property he still lives at. He agreed to buy my half about 12 months ago but hasn't followed through. What can I do with regards to property settlement?
  4. P

    NSW Tenants in Common - Options Other than Declaration of Trust?

    We own 100 acres of freehold land with 4 couples. The certificate of title is in the name of one person only. The land is owned according to a declaration of trust. The agreement states that "...ownership of land is as joint tenants between husband and wife and as tenants in common and as...
  5. L

    NSW Tenants in Common - Transferring Property Between Children?

    Hello all, Parent A passed away several years back and to date, the will has not been executed. In the will, Parent A left their share of the property (50%) equally to three children as tenants in common. Parent B has the other 50% share in the property. Parent B's will eventually will leave...
  6. J

    QLD What are Beneficiary's Rights?

    My cousin's stepfather died last year in QLD. His only sister (NZ) is the executor of will and main beneficiary. She gets 50%, her only daughter (also in NZ) 25% and my cousin receives 25%. It is claimed that my cousin's stepfather's deceased estate is just one QLD bank account worth $84,000...
  7. M

    NSW Tenants in Common - How is Stamp Duty Calculated?

    Hello, I was just hoping to get some help on stamp duty implications on buying out a share of the house we co-own. My partner and I co-own a property with her family with the shares being, mine 23.5%, hers 23.5%, her brother 17% and her parents 36%. Only myself, my partner and her brother are...
  8. K

    NSW Can Sister Contest Mother's Will?

    Hello, Eighteen years ago, I purchased a house with my mother as tenants in common. At the time, my mother contributed some of her finances towards the purchase and we took out a joint mortgage for the remainder funds. As my mother was on a pension and I was working full time I repaid the...
  9. J

    VIC Tenants in Common and Property Settlement - Property Included in Asset Pool?

    Hi, I believe that if gifts are received during marriage by a parent and they are intended for the blood relative,i.e. son or daughter, the spouse does not have a claim to this in a property settlement. My mother gifted a property to my brother and me in 2001. The property is in both our names...
  10. C

    NSW Tenants in Common - Selling My Half of Property - Stamp Duty?

    I currently own a property with my former partner in a "tenants in common" agreement. I wish to sell my half of the property. In selling my share, who pays stamp duty and other associated fees? Is it the buyer or seller? I'm of the understanding that it's the new buyer. I imagine the stamp duty...