VIC Evict Spouse from home

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Raymond7790

Member
30 July 2019
1
0
1
Hi,
My question is in relation to the Eviction of Spouse from my home.
What is the method of doing this after/before date of filing for Divorce? I have the Title to the house, however she is currently living in my home and I'd like to move back in at some stage as I'm still paying my mortgage and some utilities.

1) Do you apply through VCAT for a court order to evict the spouse? relevant links to websites would be appreciated.

2) Also, if the spouse leaves the house and has significantly damaged the property or sold any of my assets, what options are there to seek restitution, if any?

Thanks in advance.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
My question is in relation to the Eviction of Spouse from my home.
What is the method of doing this after/before date of filing for Divorce? I have the Title to the house, however she is currently living in my home and I'd like to move back in at some stage as I'm still paying my mortgage and some utilities.

You can't have her evicted... As your wife she has a financial interest in the property & a legal right to claim a share through a property settlement if you can't agree on how to divide assets

It may help if you give a few more details, such as how long you have been living together & or married? any children?