NSW What are the Property Rights of Co-owner of Property?

Discussion in 'Property Law Forum' started by glenndar, 21 May 2018.

  1. glenndar

    glenndar Active Member

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    Hi

    My ex and I separated 12 months ago but have continued to live in a property we own as joint tenants because we a) thought it would be a good idea to stay in the same house with the dog, and b) we did not foresee any problem in the future.

    Unfortunately, all has not gone as swell as planned. My ex has started a serious relationship in the last 3 months and the new BF is here every single day and night. I never agreed to this and I am aware that legally he has every right to have guests over, as often as he likes, but there is zero "me" space/time in the house. I can even hear them having sex every day when I am sitting in the lounge room watching TV.

    The BF has settled in so much that he actually tells me what to do (ie turn down the TV, don't turn off the lights, stop using all the hot water, stop banging the dishes when you put them away, etc.). I know it sounds like petty stuff but when it is constant, it has begun to affect me mentally. The BF has even yelled and sworn at me when I have pushed back - very intimidating...and I expressed this directly at the time. I have raised this concern to the ex who believes that his BF has the right to voice his opinion. I am now starting to record any "conversations" that occur.

    Today I have asked the ex to control his guest and if the BF does have anything he wants to say to me, then to go through the ex and not address me directly. My ex said he will try but I feel this will backfire.

    I will be requesting that the property goes on the market in the next 3-4 weeks and have a lawyer on standby pending the outcome.

    Long winded story and I do apologise for that. At the end of the day, I just want to know what property rights I have as a co-owner of the property to protect myself from harassment? Does the BF have a right to speak to me in this (or any) manner since he is a guest of my ex and is here with his permission?

    Appreciate the help.
     
  2. Rod

    Rod Lawyer
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    Your ex has the right to have guests visit. You have a right to the quiet enjoyment of your property.

    Sometimes these two rights conflict with other. I'd be telling the ex to have his BF keep out of your way or the police will be called to eject him. Harassment may be grounds for an DVO but probably needs to be worse behaviour than you describe.
     
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  3. Clancy

    Clancy Well-Known Member

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    What a nightmare hearing your ex whom you once had a loving relationship having sex! I don't know what to tell you... Rob's opinion is good.

    If it was me, I would be following the old saying "if you can't beat em, join em" and bring my own partner into the house.
     
  4. glenndar

    glenndar Active Member

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    Thank you for the responses - it is getting more uncomfortable as each day goes by and I am struggling on a combined 2 hours of sleep every night as they stay up all night making noise.
     
  5. Clancy

    Clancy Well-Known Member

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    It is important to take care of yourself emotionally, as well as legally... When my marriage fell apart, I found out I was entitled to some free counseling, it was very helpful. I assume the same is available for a de facto relationship situation.
     
  6. Rod

    Rod Lawyer
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    This may be enough to have the BF thrown out. Make a recording from your room, it may be handy if circumstances move to a legal footing. Diarise the dates/times of noises keeping you awake.
     
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  7. glenndar

    glenndar Active Member

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    Thanks. I have a recording app on my phone which I use all the time to try and capture any comments they throw my way but haven't really used it for the noise - I can't prove which one makes the noise though as I am in my room, but it's easy for me to record it just under the door without them noticing
     
  8. Rod

    Rod Lawyer
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    The recording should be made from where you sleep, not under the door. Your claim is you can't sleep from the noise. Putting it near the door indicates you have emotional reasons for your actions.

    There is a clear difference here and your actions in recording need to match your claim: ie can't sleep because of noise.

    Not sleeping because of emotional turmoil and unrest is a different matter again and doesn't give you a legal basis for a claim.
     
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  9. glenndar

    glenndar Active Member

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    That's a very good point Rod... Yes, the not sleeping is definitely from the noise so I will record from where I lay.
     
  10. Rod

    Rod Lawyer
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    And don't forget this ^^
     
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