VIC Paying rent on a jointly owned property

[Savio]

Hello, a few months ago my ex and I, decided to split up, she moved out on her own will and rents a flat somewhere. I do still pay half of the mortgage and still stay at the jointly owned property getting it ready for sale etc.. Now my ex who moved out, wants me to pay her rent on top of half the mortgage, I have never heard of that, do I have to pay her the rental value of the house every month?

 

[sammy01]

no. Look this stuff gets messy. The ex is paying half the mortgage and rent. True? So I can see her point.

Would you agree to move out, let her move in and give her the same deal?
So you have to pay her rent? no - there is no rental agreement.
But trying to keep things sweet and sorting it between yourselves is better than agro and getting solicitors involved.
How much equity is there in the house?
How long were you together?
Married?
Looking for solutions, like for example agreeing for her to get a little bit more when the joint sells might be a small price to pay. Cheaper than solicitors at $500 per hour.
That said, any legally binding agreement does require you both to get independent legal advice.

 

[Savio]

Thanks Sammy01, I actually offered to move out. But either way, would say paying her half of what the rental value of the house be reasonable? And no there is no rental agreement.

How much equity is there in the house? 185K
How long were you together? - 4 years
Married? - No

 

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[Noel Harris]

This comes up more than people realise. In Australia a co-owner who is excluded from the property can in some circumstances claim an occupation fee from the party living there. However, where the other party left voluntarily and the remaining party is maintaining the property and paying the mortgage, courts are generally reluctant to impose an occupation fee. The fact she left on her own accord, and you are covering the mortgage and preparing the property for sale works in your favor. This is worth getting specific advice on through a family lawyer experienced in property and financial settlements as the outcome will depend on the specific circumstances.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.