NSW Tenants in common help with rights

[Shelle68]

Hi
Inherited property from mother as tenant in common in house property. My father is now tenant in common with me. He continues to live in house and refuses me access to property.
What are my rights?
Can he exclude me from property?
Thank you for your assistance.

 

[Rod]

You have full rights of access.

No, he can't legally exclude you unless there is something else stopping you like an IVO.

 

[Shelle68]

You have full rights of access.

No, he can't legally exclude you unless there is something else stopping you like an IVO.

No - just feels that he should have inherited property from my mother.They were legally married but had been separated for 20yrs (each collected full single pension). Unfortunately , he was a violent man who had been charged with abuse and had previously had restraining order against him. She didnt want to go back to court and being of the generation where she had lost friends and advised by neighbours that she had done the wrong thing getting police involved was reluctant to go through process again. She was smart enough to protect her interest by making sure property was tenant in common. He calls the police when we go there and wont let us access to complete repairs and collect items left to us three daughters. He doesnt pay rent and is angry because he wants us to pay half his electricity and phone. We do pay half rates and 100% building insurance (as our mother did because he refuses to pay ). Us girls are frustrated as dont know what our rights are.

 

[Matt King]

I am sorry for the terrible situation you find yourself in but it is not uncommon and I have been involved in similar matters.

I can help you with this but it will probably involve an application to Court for the appointment of a trustee and sale by partition.

 

[Rod]

I agree with Matt. You'll need to go to court and have the property sold.

 

[Shelle68]

Thanks for your advice_
-lm going to let my sister know so we can begin process.