WA Can I rent out a room in a co-owned property

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Brendon Everett

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15 January 2018
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I seperated from my ex but am not yet divorced.

I have been solely meeting all mortgage and rate payments for the property of which we are both listed on the title, as ex moved out over 18 months ago.

Ex claims rental assistance and all other eligible centrelink payments after submitting a Stat Dec from me stating she has no access to my finances but is still responsible for 50% of all mortgage and rates payments (to which she has not contributed).

As I meet all costs associated with the house and have been living there apart from her for over 18 months, am I able to rent out a room without any legal obstruction or interference from her?
 

Rod

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27 May 2014
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Sorry, I don't know the answer to that question as you are in WA and I'm in Vic. Vic law says she could well be entitled to half the rent.

Recommend you do your property division ASAP. You don't have to wait until divorce.
 

sammy01

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27 September 2015
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She might be entitled to half the rent... But how does she go about getting it? If you're the only one paying the bills, she is gonna have a hard time getting a court to agree that she should be entitled to any of the rental income.
 

Rod

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he is gonna have a hard time getting a court to agree that she should be entitled to any of the rental income.

Depends on WA laws. If WA laws support the claim, then not hard at all. Some amount may be deducted for bills, but by no means will it equal all the rent.