VIC Property Settlement Pending - Ex Denying My Share of Rental Property?

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5 December 2014
I have a jointly held property with my estranged husband. We have yet to negotiate a property settlement. This property is tenanted. Without my knowledge, my former husband changed the managing agent, presenting the property as being solely held by him. He, therefore, is receiving all rental income.

I am still paying for my share on the mortgage and expenses on this property. I have contacted the Managing agent requesting that the rental income should be paid into a bank account that is in both our names, or that they split the rental income between myself and my ex. They refused as they will not change the account details without his consent and he will not agree to it. I am now experiencing difficulties managing without this rental income.

Can I legally make the Managing Agent pay me my share?

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Yes. You are entitled to a share of the rental income, as part owner and as having an equitable interest in the property by virtue of paying part of the mortgage price. Given that your name is on the title, the manager agent should not have just contracted with your husband without your consent. You have an action against your husband to reclaim the unpaid rent and you have an action against the manager for dealing with property partly owned by you without your consent. I highly recommend speaking with a lawyer about this as property matters are quite complicated and often have much at stake.
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Further to Sarah's comments, I would add that through your property settlement negotiations and if necessary any family court proceedings you should claim reimbursement for any rental profits that you have been denied to date.