WA Could i regret helping

[J hus]

Hey guys
So basically my ex girl and I seperated about 14 months ago after 5 years living together.
It was a mutual sort of thing we decided we wernt getting along and because the house we were living in was my house. (She still owns part of a house with her ex before me). She decided to go rent a place of her own.
We settled things financially i let her have the furniture and appliances, as well as a business and 2 cars and some money to pay the bond at the rental to get her started.
She has a teenage daughter from a previous relationship.
And we have a young boy together.
Everything in terms of who pays for what is sorted. And i regularly have my boy weekly. We get along ok and help each other out to make the best of it for the kids sake.
One problem that she is facing is finding a long term settled home for herself and the kids. She has already had to move twice in 14months with leases ending and not being renewed ect. Its been incredibly unsettling for the children.

I want to be able to help i have a decent size property where im considering building a out building for me to live in while i rent/board the house out to her so that long term the kids are settled and able to thrive. She has recently started a nightshift job also and sometimes the kids are home alone for a few hours so theres that safety issue that would be eliminated living all on the same property.

Is there potential problems that could arrise in future if i allow her to move back in and rent part of the house? Ie could she make claims because in the past we were a couple? I dont think she would but from a legal point of view where do i stand and or what can i do?

 

[sammy01]

Dont do it...
What if she doesn't pay rent?
What happens when either of you get a new partner?
What happens when there is an argument because she isn't paying rent. she calls the cops.... They place an avo on you. You now cant go near the house and she can continue to live there rent free. Check out how many threads on this site are dedicated to avo's.

Sure maybe none of these things could happen. But I know only one way to make sure they DONT happen. Dont do it.

 

[Atticus]

Your heart is in the right place & you would hope that would count for something. BUT.... I agree with Sammy. This is open to serious potential problems & those problems would be all yours

The issue raised by Sammy regarding DVO's is real... the ease with which a person can get one taken out these days with zero consequences even if they are found to later be vexatious or based on lies is jaw dropping... then there is the potential for other complications regarding property as well...

 

[J hus]

Ok thanks for your replys. The whole thing with her having other partners doesnt bother me this is purely something only to benefit our son and her daughter.
In terms of her paying rent i dont see it being an issue but understand your guys concern.
At what point? Is it a timeframe thing that this would become ok? Why would she be allowed to live there and not pay rent?

 

[sammy01]

ok so there are no rules. So you agree, she moves in.... She pays rent... Then she is a bit short this week... And next week, will pay you next month...
So I have a rental place, I have a good friend whose missus has kicked him out, I'm a shoulder to cry on, a guy who knows a bit, I bring him some left overs and have him over for dinner. BUT - my rental place that just had tennants leave is not on the table, in-fact he doesn't know I have it. WHY? friendship, sure, helping out? YEP. Getting screwed over? NOPE.

 

[J hus]

So its different rules is what your saying to having normal people who board at your house? Ie if your have boarders move in and they dont pay you can simply get them to leave.

 

[Atticus]

Mate, it's like this... this is not a financial economic arrangement. You are doing this to help out, true?... so if she starts getting behind in rent, maybe a little, then a lot... at what point are you going to evict them?... I'm guessing you wouldn't. & if you did, how aggrieved is she going to be & what may she do.... because you have been in a relationship & share a child, there is always that risk of a DVO as well

 

[J hus]

So yea im planning to board the house out anyway. It so happens that this situation with her not being able to secure a rental for more than 12 months has happened and i would like to be able to help.
My plan was to get 4-6 weeks bond in advance so if it happens that she cant pay the board then i would say hey look your not meeting our lodgers agreement you signed you have 6 weeks to find another place to live.
All im wanting to know is there some kind of other legal clause that overrides a standard lodgers rights because we had a relationship in the past.
And at what point does that end or have effect.
And at what point can someone not make claims on property after a relationship has ended?
Im wanting to know legal facts not just what someone "reckons".

 

[sammy01]

ok so anyone but her doesn't pay rent, you kick them out. Nice easy... But her? you're also kicking your kid out.... Then there are disputes about child support etc etc.

Things are amicable atm? good don't over complicate it.

 

[J hus]

Ok its been good getting different opinions i think i know roughly where i stand. I think the more advice you get the better position you are to make a decision.
In terms of child support all that is already taken care of.
With regards to not paying and "kicking them out" she has the capacity to pay what im asking for board if she chooses not to than thats her letting herself down and her kids which will lead to being asked to leave the house. Shes well aware i need to board the house out to make ends meet financially or i will have to sell so from that point of view its not a problem.