NSW Entitlements to personal property.

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Treble

Active Member
6 May 2020
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Greetings. Husband has Court-ordered interim occupancy of the marital home which was one of two apartments that comprise a property of which the wife is the registered owner. The wife lives in the other apartment.
Consent orders require him to vacate within a certain period after payment to him by the wife of a sum of money. Under the orders, parties are entitled to "otherwise retain all personal property currently in their possession".
Does this entitlement allow the husband to remove and take with him all the furniture and appliances? Are these goods in his "possession" within the meaning of the orders? The wife had interpreted the order as an entitlement to his personal belongings, bank accounts, car, clothes, tools etc.
Grateful for guidance.
 

sammy01

Well-Known Member
27 September 2015
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What does wife think is excluded?
My reading is hubby is entitled to everything in the apartment that isn't nailed down. Same sort of thing as if you had sold a property, leave drapes, curtains and blinds, stove. But everything else bar the kitchen sink is his.
 

Atticus

Well-Known Member
6 February 2019
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Under the orders, parties are entitled to "otherwise retain all personal property currently in their possession".
Does this entitlement allow the husband to remove and take with him all the furniture and appliances?
Should probably be read in context with the rest of the orders, ie, does the order say anything about how furniture & appliances should be divided?

If not then I think personal property in his possession would include everything in his current possession that is not 'real' property (land & buildings)