Can My Father Force My Partner to Leave Our Shared Property?

Question from B, Can My Father Force My Partner to Leave Our Shared Property?

Answer from AI:

When you buy a property with someone else, such as a family member, and both names are on the mortgage, you are likely co-owners of the property. In Australia, co-ownership can take the form of either ‘joint tenants’ or ‘tenants in common’. The type of co-ownership affects the rights and obligations of each party.

Understanding Co-Ownership

• Joint Tenants: Each owner has equal rights to the whole property. Upon the death of one owner, their interest automatically passes to the surviving owner(s).
• Tenants in Common: Each owner has a distinct share in the property, which can be unequal. Upon death, their share can be bequeathed to someone other than the co-owner.

Legal Rights Regarding Occupancy

As co-owners, both you and your father have legal rights to the property. Generally, one co-owner cannot unilaterally make decisions about the use of the property without the consent of the other, including who lives there. However, there are some nuances to consider:

• If there is a co-ownership agreement in place, it may outline specific terms about occupancy and who can live in the property.
• In the absence of an agreement, both owners typically have the right to occupy the property and invite guests, including partners, to live with them.
• If the situation cannot be resolved amicably, it may require mediation or legal intervention to determine the rights of each party.

Can Your Father Compel Your Partner to Leave?

In most cases, as a co-owner who resides in the property and pays the majority of the mortgage, you would have the right to have your partner live with you. Your father, as a co-owner who does not live in the property, would generally not have the right to unilaterally compel your partner to leave without a legal basis, such as a court order.

Seeking Legal Advice

If a dispute arises, it is advisable to seek legal advice from a solicitor experienced in property law. They can help clarify your rights and obligations and assist in negotiating a resolution. If necessary, they can also represent you in any legal proceedings.

Steps to Take

1. Review any existing co-ownership agreement or property documents to understand the specific terms of your arrangement.
2. Communicate with your father to try to resolve the issue amicably.
3. Consider mediation to reach an agreement.
4. If the issue cannot be resolved, consult with a legal professional for guidance.

Additional Resources

For more information on property co-ownership in Australia, you can visit the Australian Government’s property ownership and use page or the website of your state or territory’s land registry office.

Remember, while this information provides a general overview, property law can be complex, and individual circumstances can vary greatly. It is important to seek personalized legal advice for your specific situation.