WA In law's property dispute

[Salem]

The situation:
My husband's parents co-own a property that neither of them live in currently. Father in law is working abroad in his home country and can't return due to covid. My mother in law occupied the property up until a few months ago when she abandoned it without warning (a decision she made due to her mental state not being very stable) and flew out to her home country where she is now living.

Neither are citizens of Australia, they were PR but they won't be able to return any time soon because of covid, there is also a divorce in the works.

Father in law pays the mortgage, land rates and utilities. Mother in law is on the mortgage as well but financially she doesn't contribute anything to the mortgage. Father in law plans to pay her out for her part of the mortgage and have her sign her part of the house over to him.

In the meantime because the house is not occupied but still has a good deal of father in law's belongings in it he has asked my husband and I if we would move in to rent the property and take care of the house.

My mother in law is not happy with this and is saying she doesn't want us to move in until after they've settled (a process which could take forever). Our lease with our current rental is up in March and I'm due to give birth to our first child which is why we don't exactly have time to drag our heels on this. We are also keeping an eye on the property and trying to make it look like someone lives there so nobody breaks in. So overall it would just be easier if we lived there.

These are my questions;
-should we go down the Avenue of a formal lease agreement does the agreement need to be signed off by both owners to be legally binding?
-our other thought is to not go into a formal agreement and to just live in the house with the permission of my husband's father, would that be any different legally since it's just a member of the family living in the family home?
-a neighbour we don't trust also has a key, if we move in we want to change the locks. Does my mother in law need to be informed?

 

[Atticus]

These are my questions;
-should we go down the Avenue of a formal lease agreement does the agreement need to be signed off by both owners to be legally binding?
-our other thought is to not go into a formal agreement and to just live in the house with the permission of my husband's father, would that be any different legally since it's just a member of the family living in the family home?
-a neighbour we don't trust also has a key, if we move in we want to change the locks. Does my mother in law need to be informed?

Your dad is maintaining the mortgage, paying rates etc..... It's he who you are dealing with.... No need for a formal lease unless your dad wants one.
If you have dads permission to change locks, no problem. No legal requirement to inform mum of that unless you enter into a formal lease with her.

 

[Salem]

Your dad is maintaining the mortgage, paying rates etc..... It's he who you are dealing with.... No need for a formal lease unless your dad wants one.
If you have dads permission to change locks, no problem. No legal requirement to inform mum of that unless you enter into a formal lease with her.

Our concern is because she's also on the title can she say she doesn't give permission and that's it? Or is that only a problem if we try to do something formal?

 

[Atticus]

Our concern is because she's also on the title can she say she doesn't give permission and that's it? Or is that only a problem if we try to do something formal?

Both are on the title, with no orders or formal agreements in place, either can allow you to house sit (basically what it is) If your dad wanted to enter into an agreement/ lease arrangement with you, that's not going to be a problem when they come to do a property settlement down the track.

The reality is, she is overseaes ... even if she were to go to the extreme of complaining to police here, they will refuse to get involved because it's a domestic, family law matter..

 

[Rod]

Move in.

There can be issues but by moving in it requires your MIL to take steps to remove you. Not easy or quick for her to do so.

I'd take a lease out ( with just FIL as landlord), say 5 years, with an escape clause allowing the FIL to move back in with say 3 or 5 months notice.

And just change locks, do not tell your MIL.

 

[Salem]

Move in.

There can be issues but by moving in it requires your MIL to take steps to remove you. Not easy or quick for her to do so.

I'd take a lease out ( with just FIL as landlord), say 5 years, with an escape clause allowing the FIL to move back in with say 3 or 5 months notice.

And just change locks, do not tell your MIL.

Sorry if it seems like I'm asking the same question but I'd just like clarification (I'm four weeks away from giving birth so my brain isn't working right now.) Are we able to take out a lease agreement with only one homeowner as landlord?

 

[Rod]

The real question you are asking is whether a lease agreement is binding on all parties.

It is likely not binding on your MIL, however who knows what kind of arrangement your FIL has made with your MIL, and it will take time to unwind even if she decides to take action.

If she complains to the police you have a piece of paper to show them with you saying this is a civil dispute, not a criminal trespass situation. I have no idea if the MIL will go to this extent and suspect it partly depends on the divorce discussions.