VIC Removing a Family Member from a property

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dragonfly_au

Active Member
24 May 2020
5
0
31
I own half a property and the other half is owned by a deceased estate. The family member is living on the property. We have issued this person with a legal letter to vacate and has ignored the letter. We also issued a second letter to vacant and agreed to mediation and indicated will not vacant the property until sold. This person is not paying rent and is refusing to vacant and insists the house can be sold whilst the person live in the house. The person has done little to maintain the property and will be difficult to sell the property with the person in the house. This person has also positioned themself so they now do not have a job. Is there any way to remove them from the property.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Are you a tenant in common, or a joint tenant?

What is the nature of the occupant's interest in the house?
Are they a part owner, or do they just live there?

Who is "we"?
 

dragonfly_au

Active Member
24 May 2020
5
0
31
I own 1/2 the the property and the other half is owned by a deceased estate and I am the executor of the estate. I am trying to sell although the family member refuses to leave