Its for Australian family law, but I think its such a generic question, that non Australian is fine.
I seperated about 2 years ago.
The wife move in with her mother, and pays no rent.
I stayed on in the matrimonial home, for more than half that time I was dramatically improving the property. Paid all the rates, and mortgage payments. For quite some time, there was no kitchen, or water/power to the kitchen as I was renovating.
I am claiming the mortgage payments and rates etc, in the settlement.
The wife wants me to 'pay rent' for the time I lived in the home, as part of the settlement.
Is there a legal requirement to pay rent.
Part of the trouble is I am after a the negative case to be documented. So I want something concrete to show in negotiations that I dont have to pay the rent.
perhaps I am wrong, and if so, evidence the other way around, that I have to pay rent for the period is fine.
I am after some sort of constructive argument. Perhaps something you'd breif a barrister with, except I'd just be using it in negotiations or mediation for now.
I am an expat American lawyer who has lived in Australia since 1986.
I am not an Australian lawyer, but I have lectured in law at the University of New South Wales, Macquarie University and the University of Western Sydney Nepean.
I am an outstanding legal researcher and writer, retained regularly by U.S. firms to draft written submissions in complex litigation.
You should be aware that your question is not really "generic" and that the laws of other jurisdictions will be of no relevance to how the matter is viewed under Australian law.
I am new to Freelancer. I assume you can view my profile, including my C.V., to confirm my background and experience.
I will work with you in a flexible and affordable manner to provide the advice you require in this instance and on an ongoing basis if required.
I am a paralegal in a law firm in Qld - will be admitted as a solicitor next year. I work in a family law fir so would be happy to reaearch this question for you.
Kind regards,
Lauren
Hi I do not think that your wife is entitled to claim any rent from you for having lived in her property since you were in a relationship and therefore you lived together.
I also do not think that you can claim any alleged mortgage payments or any costs paid for renovating her home at the time you lived there. However, if you have evidence that you made these payments and you can explain why you paid them, they of course it can make a difference.
It is also important to know the nature and extent of your relationship - were you married or were you partners? You say 'separated' and you use the word 'wift' - are you actually still maried but separated?
All these circumstances are important in order to understand your entitlements.
Get in touch if you want more info.
(I am a freelance expert in British Law. I give objective and valuable advice to my clients. Due to my background, my mind is very analytical which I successfully apply to various areas of law.)
I'm a US board certified family law attorney. I can write you an opinion based on Australian law that will research and explain your options. If it turns out that you need not pay rent, I will write in an advocacy format so that you can show it to your wife and her lawyer.