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NSW Property Law - Disagreement Between Landlords on Terminating Lease?

Discussion in 'Property Law Forum' started by sarahs house, 13 March 2016.

  1. sarahs house

    sarahs house Member

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    My husband and I own two property investments. We are both stated as land lords on the rental agreement. My husband now wishes to end our marriage and wants to evict our tenants from one of our properties and end the lease so he can go and live there. I am certainly not in agreement with this - as I don't believe his midlife crisis should effect anyone else.

    Where do I stand legally under Property Law, and where do my tenants stand?
     
  2. Sophea

    Sophea Well-Known Member

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    Unless the minimum term of the lease has expired and it has rolled into a month to month lease, he would have to provide proper reason to end the lease and in any event he would be required to give the appropriate statutory notice periods, otherwise your tenants can take you to NCAT. If you didn't agree with your husbands actions, I don't know whether you would be implicated in any statutory penalties imposed by a breach of your obligations as landlords of residential property toward the tenants. Technically I suppose you are at a stalemate if you tell the tenants they can stay and your husband tells them they have to leave.

    Perhaps you need to proceed with property settlement first, so that you can divide your assets into your separate names and then do with them what you will. Read this article about how that can be done: Property Settlement After Separation - Rarely a Case of 50:50 - Legal Blog - LawAnswers.com.au
     
    Tim W likes this.
  3. sarahs house

    sarahs house Member

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    Many thanks for your reply, Sophea.

    This is going to get very messy.

    It was my parents who left me the money to purchase the 2 houses in the first place (I purchased the properties 2 years ago - and are in both our names). And my parents also left me the house we are living in now (this is in my name).

    I know the legalities involved - he is entitled to 50:50 since we have been married nearly 10 years. I have managed the properties and paid for all rates and insurances not covered by rental income.
    It is the principal of the matter here.

    Is it correct to assume he will walk away with one of my children's houses (as I bought them as investments for them)?

    Is there any way at all I can prevent this from happening. Why does he think he is entitled to what my parents gave me and their grandchildren?
     
  4. Sophea

    Sophea Well-Known Member

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    There is no presumption of 50:50 splits in property divisions. Property splits are first up to the couple to negotiate themselves, so you can come to what ever agreement you want. If you can't agree, and you seek the court's intervention to divide your assets it will look at your unique circumstances and asses the respective contributions of each partner to the relationship and future needs in order to determine what each should take away from the relationship. This article highlights that process: Property Settlement After Separation - Rarely a Case of 50:50 - Legal Blog - LawAnswers.com.au

    I know its no help now, but binding financial agreements are a preventative that ensure preservation of assets.
     

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