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Paying rent on joint property

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albert62 View Drop Down
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Joined: 09/August/2008
Location: Australia
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  Quote albert62 Quote  Post ReplyReply Direct Link To This Post Topic: Paying rent on joint property
    Posted: 04/February/2014 at 18:33
Naive I know but I bought a house with a partner of about 3 years and paid an equal amount off the loan. We separated and I took over the title, refinancing of course. Her solicitor wrote me informing me I owed my ex partner rent for her half of the house for the period we shared the house. I naively just paid it to hasten the settlement. Was I swindled?

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 04/February/2014 at 20:01
Yes, there is no obligation to pay rent in such circumstances.

The family court treat such arrangements along the line that the party who remains in the house, pays the mortgage, while the party who has moved out pays their own rent where they are living. The effect of this is that each party has similar expenses over the period till settlement can occur. If the other party made mortgage payments while you were in the house, this 'rent' may have been a way to address this outlay by the other party.

Unfortunately if settlement has occurred, that is the end to the matter, if it has not you may be in a position to include the amount so paid to the other party as part of the settlement.


I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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