Question
Name: Victor - Laurence, Abelard - Michael, Africa - Europe Question 2 1000 words Laurence and Michael have been in a relationship for several years.
Name: Victor - Laurence, Abelard - Michael, Africa - Europe
Question 2 1000 words
Laurence and Michael have been in a relationship for several years. In 2010 they purchased a house together. At the time of the purchase, they each contributed to the purchase as follows: Laurence 55% and Michael 45%. Since then, various improvements to the house have been undertaken mostly by Michael. Laurence used to travel extensively in his work as a festival operator. During his various trips away, Michael would undertake home improvement activities to stay occupied. Michael undertook a kitchen renovation valued at $15,000. He also has had an exotic Europe garden created and a watering system installed by a landscape gardener costing $10,000. The money used for these projects were withdrawn from a joint credit card.
After the COVID lockdown Laurence's business has virtually collapsed and Michael and Laurence are always at home together and unable to really go out as Laurence has now become very anxious. As a result, arguments have broken out between them. Laurence has even taken to posting angry messages on Michael's Twitter feed. Michael has grown tired of Laurence's angry outbursts and told him he is leaving and that their relationship is finished. After Michael leaves, Laurence decides to rent out 2 spare rooms for $250 each per week. This rent helps to compensate for the loss of income from his business. The rent includes access to utilities including the internet.
Michael has now approached you saying he wants to sell his interest in the house and wants advice about that. He also hands you a letter he has received from Laurence, which states,
'I never agreed to all the fancy home improvement work done on the house while I was away on business trips and I want you to repay all the moneys withdrawn from the joint account without authorisation.'
Question
Advise Michael of his conveyancing law rights and responsibilities in relation to the house he owns with Laurence.
Required
Clearly identify all your legal authorities (legislation, regulations, and case law)
Abbreviation of legislation and regulation titles is acceptable after the first reference (e.g., Conveyancing Act 1919 (NSW) CA; Real Property Act 1900 (NSW) RPA)
In referring to cases only the names of the parties is required (e.g., Breskvar v Wall).
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