NSW Access to family home by ex

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ladyleonine

Active Member
21 March 2018
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0
31
My ex defacto partner has moved out of our home which is jointly owned by both of us.
I am living in the home with my 2 children from a previous relationship.
The locks have been changed (with my ex's consent) although my ex is storing some property in the garage as he says he has the right to do so, being the legal owner.

Property settlement is yet to be negotiated after we were recently advised that our matter is not suitable for mediation due to a history of DV, the fact that he is not my kids' biological father, and some complicating factors with our property settlement.

My ex has started arriving at the home unannounced and (if he arrives and the door is unlocked) letting himself into our home, when he has been asked to give notice before attending, and not to enter the home uninvited.

He helps himself to food in the kitchen, goes through the cupboards and my belongings, and repeatedly makes unwelcome physical advances (despite being asked not to touch me) such as demanding to hug and kiss me, sliding his hands up inside the back of my shirt, groping and even slapping my backside.

If I lock the door and don't invite him in, or ask him to leave, he gets aggressive. He says it is 'our home' and has the right to be there.

As he now resides elsewhere, where do I stand legally and do I have any rights in preventing him from entering the home uninvited? Is an ADVO my only option?
Also where do I stand with respect to his use of the garage?
 

sammy01

Well-Known Member
27 September 2015
4,758
688
2,894
Get stuff in writing / text message.
Right now it is his house too... Technically he can break the locks - they are his locks too. But that would be grounds for an AVO... That would keep him away.
But it is best avoided.
A nice letter.
Dear ex,
It is my understanding that you have agreed for the locks to be changed on the residence. I understand that you have some belongings in the garage and at this point in time I'm good with that scenario. However, I am requesting that you provide 24 hours notice prior to attending the residence and you do not enter without consent. I am also asking you to cease in requesting physical contact from me. It is not appropriate given that we have broken up.
thanks