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QLD Tenants in Common Issue - Rented Out Against Our Will?

Discussion in 'Property Law Forum' started by JaneO, 6 April 2015.

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  1. JaneO

    JaneO Member

    6 April 2015
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    6 years ago my husband and I purchased a house with a family member. After 1 year, there was a fallout resulting in 1/3 of the tenants in common ownership moving out. They failed to pay any part of the mortgage for around 1 year. My husband and I continued to pay 100% (and continue to live in house).

    We came to an agreement to pay the family member rent of $150. Which in return $200 started to be payed into the mortgage on a weekly bases. Recently we have had difficulty paying the family member on a weekly basis, but can continue to stay on top of the full mortgage payment, due to my husband being payed monthly.

    We tried to reason with family member, no agreement was made. Now because the family member now has no rent coming in, they say they can rent out there share of property out. (Absolutely all contents of the house is owned by myself and husband). May I just add that the house is owner occupied through the banks eyes.

    Can 1/3 be rented out against our will?
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    No. The 1/3rd interest can sell his share to anyone else but can't force you to accept a stranger in your home.

    However the 1/3rd interest may be able to force the sale of the property. You should be looking at buying the 1/3rd party out before it gets to that stage.

    Do you have a co-owner's agreement that spells out what happens in the event of a dispute?

    Contact the Queensland Real Estate Institute to look at your rights in the event the dispute continues. I'm pretty sure there's a law that spells out the process you need to follow but I don't it's name. The institute will know.

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