SA Restrictions of property visitors during separation

Discussion in 'Property Law Forum' started by Elissa Koch, 11 September 2019.

  1. Elissa Koch

    Elissa Koch Member

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    I’m just after some advice around a marriage separation where one party has moved away from the marital residence but is demanding for the remaining party to not allow certain people onto the property despite them wanting those people to be allowed there. Does the relocated partner have the legal right to refuse friends of the other partner, or additional rent paying tenant to visit the co-owned property? Could going against the partner’s demands cause further complications with settlement of the property in the course of divorce?
     
  2. Scruff

    Scruff Well-Known Member

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    As far as I know, in relation to who the resident partner allows on the property, the non-resident partner would have no right to make any such demands without some kind of Court order.

    In relation to rent paying tennants, the non-resident partner might have some rights as a landlord if there is a valid tenancy agreement in place. It would therefore depend on the circumstances.
     
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    #2 Scruff, 12 September 2019
    Last edited: 12 September 2019
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