QLD Joint Property with estranged Wife

Discussion in 'Property Law Forum' started by James_1971, 12 March 2019.

  1. James_1971

    James_1971 Active Member

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    Hi,

    Wife and I own two properties, a house (which she resides in) and an apartment that is tenanted until June. I live in rented accommadation and the properties are in both our names.

    I want to move back into the apartment but the building manager say she needs an email from my wife to say this is OK but my wife says no. Is there anything I can do?

    Thanks

    James
     
  2. Rob Legat - SBPL

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    Are you registered on title as a proprietor?
    Are there any orders in place which prohibit how you may deal with the property?
    Have you given specific authority to your wife or a letting agent to deal with the property on your behalf?

    If the answers to the first two are 'yes', and 'no', then read on. If not, you've got bigger problems to deal with first.

    If the answer to the third is no, tell the letting agent (which I would say is the building manager) that you're a registered proprietor and that they don't have your consent as owner to let the property under the Property Occupations Act. They are required to take reasonable steps to find out/verify lot ownership before undertaking letting activities.

    If the answer to the third is yes, revoke the authorities.

    You'll still need to comply with the relevant notice periods to get the tenants to move out, as required under the Residential Tenancies and Rooming Accommodation Act.
     
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  3. Rod

    Rod Well-Known Member
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    I like Rob's answer, though I'd first be telling the ex to allow me to move into one of the properties, her choice which one, else the tenant goes, followed closely by a sale of both properties.
     
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  4. James_1971

    James_1971 Active Member

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    Thanks for the prompt response. Its a joint property, both our names on it, if thats what you mean by proprietor. The manager of the complex is quite adamant that she needs an email from my wife to say that we dont want to re-new the lease for the current tenants, which seems quite odd. I am not asking to break the lease early I am simply saying that when the lease expires I want to move back there. So I guess my questions is if the manager has both owners saying different things, one saying continue to rent and one saying not, what does she do. Again I will be going there asking for my key when the current tenancy expires and my wife will be saying to the manager 'dont give him a key'
     
  5. Rod

    Rod Well-Known Member
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    Advise the agent they do not have your authority to re-lease. Put it in writing. Tell them they will become responsible for your losses if they act on renewing/re-leasing, including, but not limited, to your accommodation costs.

    Be equally adamant if she proceeds against written instructions she can pay your rent.
     
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  6. James_1971

    James_1971 Active Member

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    Thanks for the advice Rod.
     
  7. Rob Legat - SBPL

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    Also, the tenancy will continue at the end of term even if not renewed. You must give a notice to leave without grounds and a minimum of two months notice to leave.
     
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  8. James_1971

    James_1971 Active Member

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    Understood but what should the manager do if she is getting conflicting instructions from both co-owners?
     
  9. Rob Legat - SBPL

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    She needs the permission of all owners. It’s an all or nothing situation.
     
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  10. James_1971

    James_1971 Active Member

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    OK thanks, so in your opinion the fact that I am a joint owner of the property and the current lease expires in June. I am well within my writes to give the manager notice that I do not want to re-let and will be picking up a key in June. Despite the fact that my ex does not want me to live there? Sorry if I seem like I am asking the same thing again.
     
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