Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

FREE - Sign Up Now

VIC Tenants in Common and Inheritance?

Discussion in 'Property Law Forum' started by John and Michael, 23 June 2015.

Tags:
  1. John and Michael

    John and Michael Member

    Joined:
    23 June 2015
    Messages:
    1
    Likes Received:
    0
    The 4 sons of our mother inherited the family home upon her death. 2 of the sons (my brothers) bought my brother and I for half the lowest valuation we got from a number of agents. My brothers and the wife of one (the other was single) inhabited the house with the brothers being tenants in common with one half share each. The married brother died and his wife (our sister-in-law) inherited his half of the house. They each made a will leaving their share to the other. 5 weeks prior to her death of bowel cancer, she changed her will, (with the same solicitor) leaving her share to her 2 children as their inheritance (our nephew and niece). My brother was not told of the change at the time.


    As tenants in common, I realize that he does not have to sell his share of the property and he can stay there till he dies, but the niece and nephew both have their own homes and we are concerned that they could make things awkward, if for example, they wanted to let part of the house to their children or strangers. I understand that they themselves have free access, but can they approve any person to live within the property?
     
    #1 John and Michael, 23 June 2015
  2. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    86
    Hi there,

    Tenants in common are all entitled to the use and possession of the entire property. This includes the ability to invite others to live there. So yes, in theory, the niece and nephew could approve their children to live there unless that prevented your brother from exercising his right of possession.

    However, if the property is rented, then all co-tenants are entitled to a share of the rents equivalent to their entitlement to the property. Additionally, co-tenants are liable for the costs of maintenance and improvements to the land equivalent to their share.

    Co-tenants are also free to negotiate the way that payments are made for the costs of upkeep or payments of rent. So, if your brother is concerned that the niece and nephew may rent a part of the property to their children or strangers then he could consider making an agreement with them. For example, this could consist of him looking after the property, maintaining and paying for costs including rates in exchange for exclusive possession. Or it could include all of the above plus a nominal rent.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    #2 Ivy, 25 June 2015
    Sophea likes this.
(You must Log In or Sign Up to post here.)
Loading...
Similar Threads - Tenants Common Inheritance
  1. winnieb

    QLD Property Investment - Transfer Property Ownership for Renovation?

    winnieb, 10 February 2017, in forum: Property Law Forum
    Replies:
    1
    Views:
    596
    Matt King
    10 February 2017
  2. billw

    VIC Tenants in Common - Provisions Upon Death?

    billw, 27 January 2017, in forum: Property Law Forum
    Replies:
    1
    Views:
    115
    Rod
    28 January 2017
  3. annib

    QLD Tenants in Common - Paying One Party More Than 50%?

    annib, 19 January 2017, in forum: Property Law Forum
    Replies:
    1
    Views:
    148
    Rod
    19 January 2017
  4. whipping_girl

    QLD Property Law - Seek Damages from Tenant in Common?

    whipping_girl, 16 January 2017, in forum: Property Law Forum
    Replies:
    1
    Views:
    153
    Rod
    17 January 2017
  5. James01

    NSW Tenants in Common - Buying Out Father's Share?

    James01, 13 January 2017, in forum: Property Law Forum
    Replies:
    3
    Views:
    429
    Tim W
    13 January 2017

Share This Page

Toggle Width
Loading...
gt;