NSW TIC unequal shares

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 - Join Now

Patrick Damon

Member
1 August 2020
4
1
1
My partner purchased what was to be our "forever home"about 18 months ago and installed me as 50/50 owner on the title,under the tennants in common provision.
Sadly her feelings have changed and she wants to sell and move on without me.
My question is how much am I entitled to upon sale of the property.
Kind regards
Damon.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,661
920
2,894
At face value - 50%

However Family law and equity will play a part in how much you actually receive.

Talk it over with your partner in the first instance.
 

Patrick Damon

Member
1 August 2020
4
1
1
At face value - 50%

However Family law and equity will play a part in how much you actually receive.

Talk it over with your partner in the first instance.
Thank you for the response I'm not sure what you mean by equity we don't have any children together and we have lived together for three years
 

Atticus

Well-Known Member
6 February 2019
1,177
189
2,394
My partner purchased what was to be our "forever home"about 18 months ago ........ My question is how much am I entitled to upon sale of the property.
As you were living together for 3 years, either of you could apply for property division under family law jurisdiction (if you don't agree) .... The court can declare & alter property interests as it sees fit..... So the main factors here (given it was a short relationship) is going to be contributions to property acquired, maintained or improved...

So how much you contributed to the purchase of the property, along with any other significant financial or non financial contributions you have made, compared with your partners will set the grounds for any claim
 

Patrick Damon

Member
1 August 2020
4
1
1
Thank you Atticus
Given my partner paid for the property in full it would seem im entitled to very little.
I've made the place my passion and ive spent an awful lot of time and energy improving the place,however my financial contributions have been limited. Ive contributed fairly to the day to day costs and done my fair share of the day to day chores.
It would seem to me that the property title is barely worth the paper upon which it is written.
Thanks again for your input.
 

Atticus

Well-Known Member
6 February 2019
1,177
189
2,394
Given my partner paid for the property in full it would seem im entitled to very little.
If the property has increased in value since acquisition, then you could argue that you are entitled to 50% of that increase. Highly unlikely to be worth pursuing through court though.