LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

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

Discussion in 'Family Law Forum' started by Tinka123, 5 December 2014.

  1. Tinka123

    Tinka123 Member

    Joined:
    5 December 2014
    Messages:
    1
    Likes Received:
    0
    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?
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    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.
     
    Sophea likes this.
  3. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    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.
     

Share This Page

Loading...