3 Comments Family & de facto law, financial agreements, consent orders
You and he have equal say about the house if you both own it, but consent to do something is not required by both parties in order for one of the parties to do it. Ordinarily, the possessor's rights trump the owner's rights in most circumstances - for example, the owner of a house can't just come and go as they please if it's being let to a tenant, and doing so is considered trespass, so I'm inclined to say that the residing homeowner will have more legal grounds to allow a sub-letter than the non-residing homeowner has to evict one, but it would be worthwhile speaking to the state authority in tenancies to work out if you can have the sub-letter evicted or not. The contract between the residing homeowner and the sub-letter will also be an influencing factor - after all, a tenant in a lease agreement may have the capacity to sub-let a room in the house they are renting if their lease agreement allows them to do so.
Rather than asking if he needs your permission, though, you'd be better off working out if it benefits you. All the money paid in rent by the sub-letter will form part of the shared asset pool when determining a property settlement.
Thanks guys.Sorry I was so vague in my information. Long story over 6 years. Court orders for kids but no property settlement as I was too rock bottom. I left the house after 6 years of my ex harrassing me there for which I couldn't do anything as he was an owner of the property as well and just came when he wanted to. The police would not do a thing. I fled to get away from him and he moved in and locked me out a year ago. No mortgage. House is on market as he finally agreed to sell but is at a high price. He tells me now that he is renting out rooms. There is no working out with this guy.