Unmarried Co-ownership Dispute
The client is going through a separation from their partner, with whom they co-own a house in Western Australia. They are not married, and concerns surrounding property ownership and visitation rights are significant. The client is facing an issue where their partner is asserting that the client's family cannot visit the house without the partner's consent when he isn't present. There are no formal legal arrangements in place regarding the property beyond the joint ownership. This situation falls under Property Dispute and Family Law matters.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIs my partner legally allowed to restrict who visits the house when he's not present, despite us owning the property jointly?
Generally, your partner cannot unilaterally restrict who visits a property owned jointly when he is not present, as each joint owner has equal rights. This means you are entitled to allow visitors without needing his consent. However, any specific safety concerns or previous legal agreements would need to be considered. It is advisable to address disagreements with open communication or mediation to prevent escalation.
What rights do I have as a joint owner of the property in terms of access and use?
As a joint owner, you have equal rights to access and make use of the property. This includes the right to enter and enjoy the property without interference from the other owner, depending on any agreements in place. Neither party can make decisions affecting the property or its usage, including visitation rules, without the other owner's consent.
In the event of a dispute over property usage, what legal steps can I take to resolve it?
In a property dispute, several legal steps can be taken to resolve the issue:
-
Mediation: This process involves an impartial third party helping both parties reach an agreement.
-
Legal Advice: Consulting a property law solicitor can clarify your rights and obligations.
-
Court Order: If mediation does not work, you may need to apply to the court for a decision on property usage. The court can define your rights and resolve disputes.
How might our joint ownership affect the division of property if we decide to sell the house?
Both owners have equal rights to the property under 'tenancy in common' or 'joint tenancy'. If one wishes to sell, both must agree unless a court order states otherwise. Proceeds from the sale are typically divided based on ownership shares. If ownership is equal, proceeds are split equally unless agreed otherwise or one party can show a differing contribution.
Are there any legal implications or considerations I should be aware of since we are not married?
As you are not married, cohabitation laws apply, which may differ from those for married couples. Cohabitees do not have automatic rights to financial support or property division. Ownership rights depend on the title deeds. It is advisable to formalise agreements regarding the property to prevent disputes.
