Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

WA Ex Husband is Threatening Foreclosure - Do I Have Property Rights?

Discussion in 'Property Law Forum' started by suzanne, 4 March 2015.

  1. suzanne

    suzanne Member

    4 March 2015
    Likes Received:
    My husband and I have been separated for 2 years now. We were living separately and I was living in the matrimonial home up until November last year. We were living in a rural community and I felt very isolated. I moved to the city with my two children and my ex moved back into the jointly owned house, which was on the market up until a fire swept through and has destroyed the sheds and gardens. We came to an agreement regarding child support as he is now paying my half of the mortgage. All has been going well up until he has recently taken in some boarders without my consent and is also receiving board and lodgings.

    My question is, do I have any property rights regarding the property or not? I have asked him to increase the child support payments as he is now receiving extra money for the house and I am struggling to feed my two children. I worked up a budget for him before I left and he has $500 a week after major bills to live on and I have $250 before any bills. His response has been to threaten to foreclose on the house and I will get nothing. I would like the boarders out of my home as they are notorious drug users and I don't trust them at all.
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
    Likes Received:
    Hi Suzanne,

    If you and your husband jointly own the house, you are part owner which means your husband should not be dealing with the property without your consent. You have a share in the property. As part owner of the property, you are entitled to a share of the income from the house, any profits made from the sale of the house and if you are not living there, may be entitled to reimbursement of rent from your husband.

    In relation to what you may be entitled to in a property settlement, the Family Court website has some useful information. Try:
    There are also numerous question threads on LawAnswers that talk about property settlement, what assets should be included in the shared pool, post-separation and divorce questions etc. Since family courts are in the federal level, situations from other states would also apply in WA.

Share This Page