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Pay rent on family home to the ex?

Hi all,

Your collective wisdom/experience is again sought.

My ex has demanded I start to pay rent to her for living in the family home.
She moved out on her own volition last May to be with her new partner.
She rents a house and says it is unfair I pay a relatively small mortgage whilst she has to pay full rent where she is.

Actually her defacto pays half the rent or most likely all.

I have refused, as I have paid all the mortgage, rates,insurance and repairs since she left and will continue to do so until I either buy her out or sell.

Do I have to pay her rent?
The simple answer is. To make you pay rent she has to approach the family court who will decide if she is entitled to receive rent from her share of the property.

The court would entertain the proposition but would look at many over all factors and decide from this weather you will have to accommodate her.

Best idea is to get your finances in order incase this comes up in property settlement make sure you include as much as possible in regards to what % of the mortgage was paid by yourself as well as any maintenance and such costs. Find any receipts or information that can back up these claims in your defense. If you do this it will serve a greater advantage than just hear say.

Legally she does have a claim but the amount she has claim to may be in contention and if any claim is established it can be sorted at property orders.

I would suggest your best option would be to collect as much information to costs and establish your personal proposition that would detract maintenance costs as well as running costs for the property, establish minimal rent costs for the area for the size of the home divide this by two, divide the rates and maintenance costs by two. The figure you arrive at, example $1500 per month/2 $750 each then inject rental cost $1000 per month she already owes you $750 per month so rental would be $250 per month which is your half of the property rent after deductions. Keep a record of this figure and deduct if from the final payment as money's paid already.

In many cases it works out that it's better for the X not to request rent payments unless they are contributing to the mortgage.

You could also look into the cost of new accommodation that you would have to pay and reduce the requested rent as you would be paying this amount if you were able to leave the property she stiffed you with and left in your responsibility, this would further reduced the amount she could conceivably ask for.

Make it look good on paper and keep it real, do your home work now and make sure you make at least two alternate scenario's.

And remember she does have the right to ask just as much as she has the right to pay so make it viable and consider all aspects of costs that are on your side.

It can actually turn out that it is in your favor when all is said and done but it will be a decision that adjudication will be needed to force payments.      

Rent

Do not pay any rent - she is trying it on.

You can ask her for back dated mortgage payments! See what her reply is.

How far are you in your financial settlement?

Any kids involved?



This question is in the incorrect section - please move.

Mike

Last edit: by monteverdi


Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Thanks D4E and Monteverdi for the replies.

I am still waiting for the ex to attend group session with Family Relationships Aust so we can go to mediation. I went back in feb and have been awaiting her to do the group session. I want to get a consent order inplace asap- as recommended by members here in my last post.

Financial settlement is on hold pending new CSA payments. I am awaiting the new rates to approach bank again to get a loan to pay her out.

My current CSA payments mean bank won't give me loan big enough to satisfy her.(In cyberspace no one can hear you scream!)

Rent

Danno - firstly you have posted in the wrong section, this is to do with the CSA; your matter is property. When you asked the question about rent, you did not say if you had kids, who looks after the kids etc. All this info could change the answer I gave you. Also, I must warn you about getting a mortgage after July 2008 changes; your ex and the CSA can play games with you; you would not be the first to loose a house over CSA payments.
They will not care about your expenses - only your income.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Oops!

What section should I move to and pardon my ignorance but how do I move it?
I had a similar experience, my ex moved out into a rental property to pursue a relationship with a friend of mine, She also demanded rent from me as i was living in the family home with virtually no mortgage, After nearly 2 years of haggling the Registrar in the Family court recommended that at property Settlement the ex gets/got an extra 2% to compensate for her expenses! (So we settled on that basis), ….. Hope this helps.
Perhaps a kind moderator can move this to the correct section, although many consider that information may be tied integrally to a topic because they think communicatively of their personal issues sometimes mistakes are made and guidance is required as is required here.

Thanks in advance.

In the mean time I'm sure continued input will be appreciated by all and patience for the correction.
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