Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:


AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Paying rent on joint property

 Post Reply Post Reply
  Topic Search Topic Search  Topic Options Topic Options
albert62 View Drop Down

Joined: 09/August/2008
Location: Australia
Posts: 13
  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
Moderator Group
Moderator Group

Joined: 02/March/2009
Location: Australia
Posts: 13999
  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.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.