In many relationships, only one of the lovers is the owner of the house or apartment, while they otherwise share the expenses between them - but does this mean that the lover who is not on the deed can object to the other selling the house?
The answer is no for unmarried cohabitants, but the situation is different for married couples.
Unmarried cohabitants do not have joint finances, a lover does not become a co-owner of the house simply because he/she participates in the ongoing expenses of the house. Therefore, there is nothing to prevent the owner from selling the house if he/she wishes to.
However, case law rarely allows a cohabitant to claim compensation upon sale if the person concerned has contributed to the house increasing significantly in value during the time the couple has lived there together. However, such a compensation claim never amounts to more than approximately 10-30% of the increase in value, and in most cases the partner is not entitled to compensation at all.
For spouses, however, the situation is different. Section 18 of the Legal Effects Act states that if one is married and the family residence belongs to one of them as joint property, then the person concerned may not sell the house without the consent of the spouse. However, if the house is the person's separate property, he/she may sell it without the consent of the spouse.
The same rule also applies to rental housing, where the spouse listed on the lease may not terminate the lease agreement without the spouse's consent.
If one spouse has sold the house in which the family lives, the other spouse can have the transaction reversed if the buyer realized or should have realized that the seller could not sell the house without his or her spouse's consent.
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