LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Evicting Guests from Home - Where Do I Stand Under Family Law?

Discussion in 'Family Law Forum' started by Lee Burgess, 20 November 2015.

  1. Lee Burgess

    Lee Burgess Member

    Joined:
    20 November 2015
    Messages:
    1
    Likes Received:
    0
    I'm a joint owner ( joint tenants) of a home with my now ex-girlfriend. We were only together for 5 months. While together we both agreed for her parents to move in because I work out of town for extended periods. Now that we have separated, I no longer consent for them to reside there.There is no tenancy agreement, and they pay no rent. I am living with my parents because there is so much tension they make me feel so uncomfortable to stay in my newly purchased home. I have given them a notice to leave so I can reside there, but they still refuse to leave as they are saying they are guests of my ex-girlfriend.

    According to Family Law, where do I stand in having them removed from the property so I can resume tenancy in the house I own?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Hi Lee,

    I would send them a letter advising them that you are the owner of the property and you have revoked any previously given consent for them to be there. Advise them that at law, staying on property where they have been asked to leave is Trespass. Give them say 14 days to get out failing which you will call the police to remove them and then sue them for trespass. Remind them that police can be called to remove trespassers who will not leave when told to and can prosecute a trespasser and hand out penalties in the form of fines and imprisonment.
     

Share This Page

Loading...