VIC Evict ex from home 1 year after divorce

[Couchsurfing]

Hi, some advices are needed, please assist.

- ex had IVO on me, preventing me from access my home (house and mortgage under my name)
- ex and I have been separated for almost a year and are due to divorce
- I am currently renting, and ex is living at home
- already engaged lawyers, but both mine and hers aren't helpful, extremely slow, hence I am now taking control back and negotiate with her directly
- My offer to ex is 50% extra in addition to her entitlement based the principles of Family Law
- ex didn't accept or reject my offer, nor she communicates with me re what she wants (I asked, but she just ignored)
- ex refuses paying any mortgage despite several requests
- I will soon be forced to sign a one year lease to rent a place for myself if I can't move back in time
- I start to think ex is intentionally doing this to hurt me emotionally: keep me out of my house

My Qs
1. Once I sign a year long lease, I will no longer offer her extra 50%. If she still refuses the base offer, and we can't reach agreement within 1 year post divorce, can I just go home and ask her to leave as she is no longer entitled to a claim unless she later files for extension at family court?

2. Assuming I can legitimately ask her to leave but if she refuses to, do I take her to VCAT (I know this is the case for tenant, but not sure if it's applicable for ex-family member in ex-matrimonial home)

Thanks for help

 

[sammy01]

ok so family law is a mess.. Criminal law (avo) mess... Property law... mess... You want to mix all three.
Put the house on the market.... I'm assuming only your name is on the title?
When does the avo end? I think you have not gotten very good legal advice on this one... If it were me I would have let her live there rent free for 3 months and then I would have applied to court. You're wasting money paying her mortage... Infact it is possibly worth letting the bank take the thing.. Even the threat of it could have motivated her...

Are there kids involved?

 

[Couchsurfing]

We have no children and it's a short marriage (less than 5 years).
The property is an apartment with lots alike in the same building and we had 3rd party valuation (not real estate appraisal) to confirm its value, so I don't think that I need to sell it to ensure its market value (unlike standalone house)
IVO/AVO will end in 2019. I intend to keep the house and do have enough saving to pay for the mortgage.
I thought my offer is quite reasonable, but when ex is doing it in spite, I don't know how I can end our financial matter peacefully.

If it comes to the worst, I will stay out till IVO expires and if we fail to reach agreement before the 1 year time limit, can I evict her?

ok so family law is a mess.. Criminal law (avo) mess... Property law... mess... You want to mix all three.
Put the house on the market.... I'm assuming only your name is on the title?
When does the avo end? I think you have not gotten very good legal advice on this one... If it were me I would have let her live there rent free for 3 months and then I would have applied to court. You're wasting money paying her mortage... Infact it is possibly worth letting the bank take the thing.. Even the threat of it could have motivated her...

Are there kids involved?

 

[Rod]

Apply to court for a property division. No point wasting time, its just costing you money the longer you leave it.

 

[Couchsurfing]

Apply to court for a property division. No point wasting time, its just costing you money the longer you leave it.

Even if I apply to court, the hearing will fall around the time that IVO and her rightful claim for asset split expire.
I can afford mortgage repayments up till then, but she has been living at the house for free for almost a year as I still pay for everything, including mortgage, council rate, body corporate and utilities.

If I can evict her after 1 year post divorce, I don't need to sell the house

 

[sammy01]

short marriage... She should expect to get nothing from you. NOTHING. So she is living rent free because that is the best she can get because she is entitled to NOTHING ELSE... and she isn't entitled to live rent free either.

Wow - you need to see a different solicitor...

Is the electricity in your name? get it turned off...

I'd be asking a solicitor why you cant simply get a locksmith to change the locks and lock her out.

apply to court for asset division. Do something to give her some motivation otherwise why should she do anything but sit there rent free... Oh and in 2 yrs when the avo runs out and you lawfully enter the property and she argues and calls the cops and get another avo.... what then??? Even if you're legally divorced she will still get an avo and you will be in the same crazy situation.

Get the divorce done asap... but it won't necessarily help with this crazy situation.

 

[Couchsurfing]

short marriage... She should expect to get nothing from you. NOTHING. So she is living rent free because that is the best she can get because she is entitled to NOTHING ELSE... and she isn't entitled to live rent free either.

Wow - you need to see a different solicitor...

Is the electricity in your name? get it turned off...

I'd be asking a solicitor why you cant simply get a locksmith to change the locks and lock her out.

apply to court for asset division. Do something to give her some motivation otherwise why should she do anything but sit there rent free... Oh and in 2 yrs when the avo runs out and you lawfully enter the property and she argues and calls the cops and get another avo.... what then??? Even if you're legally divorced she will still get an avo and you will be in the same crazy situation.

Get the divorce done asap... but it won't necessarily help with this crazy situation.

Yes, she should get nothing but the ratio of net asset based on her contribution, which I put extra tens of thousand dollars on top of that in the offer that she so far has no response for me one month after official offering.

All utilities are solely under my name, but I don't think turning off electricity will do me any good- may give her another excuse that I abuse her or something, and she can call any supplier to re-connect it under her name. I therefore think it's bit pointless.

I don't think I am allowed to change lock, as we are still married legally and the place is considered her home under the law. Besides the IVO prevents me from getting 200m close to my own home.

IVO will expire in just over a year, that's why I posted the Q here that if I can evict her legally when the time comes (expiration of IVO), so that I can ask police to accompany me with paper of eviction and ask her to pack her stuff and leave.

 

[Couchsurfing]

apply to court for asset division. Do something to give her some motivation otherwise why should she do anything but sit there rent free...
Get the divorce done asap... but it won't necessarily help with this crazy situation.

Please help examine if my logic is correct.

- I intend to keep the house (emotional attachment, money value, location..etc) and I can still afford the repayment
- right now till 1 year post divorce, she has and will have claim re my property.
- but 1 year post divorce, she will have no claim re my property unless she applies to the court
- unless her application to court for extension is granted, she will no longer have claim on my property
- I will seek formal way like notice of eviction and ask police to accompany me back home to get her evicted.
- I will ask building manager to cancel her lift/entry key as it's under my name and she no longer has a claim.

Does this sound right legally?

 

[Rod]

Does this sound right legally?

Hmmm, no. You need legal advice and ask about filing property orders NOW. I'd not be waiting around in this situation hoping she won't go me for property later. The longer you leave it, the worse off you are likely to be.

And she can mess with your credit if you keep bills in your name. How do you know they are being paid?

 

[sammy01]

Yep you're logic on the basics of family law are same as my understanding...

mate I just think it appalling that you have to let her live rent free for 2 yrs. I also think she can potentially seek an extension of the avo... What then...


Same, get a for sale sign put out the front and test to see if she is gonna help you sell it. BET SHE WONT.

I also think it legally right that she will get nothing from you.. So letting her live rent free for a year or two is seriously problematic.

My thought was getting a locksmith to change the locks NOT you going near the place...

But the building manager thing is interesting... Why not do that now? See my thinking is you're doing your best to do the right thing, follow the rules... and getting no-where. I'd hate for you to be on here in another year asking us how to get money out of her to pay for the damage done to the property once you re-gain entry... Nasty vindictive ex smashing walls.... Not the first time...

So she walks out one day... When she tries to get back in she cant... But her stuff is inside... Oh wow, all of a sudden I reckon she is gonna have her solicitor desperate to talk to you...