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Ex Not Paying Home Loans and Threatening AVO?

Discussion in 'Family Law Forum' started by rodney bell, 27 April 2014.

  1. rodney bell

    rodney bell Member

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    Our separation was 12 months ago. My ex is staying in one house we both own. My daughter and I are in a villa. My ex and I have joint names but under it is home loans that I pay $450 a week. She pays nothing up there and pays nothing to home loans. The villa was put up on sale. When it was sold, the house she is in needs a bit done to be sold as well, but told me if I go there, she will take an AVO on me and I have not done anything. Can I have her removed and can I recover any moneies from her for the home loan?
     
  2. CathL

    CathL Well-Known Member

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    Hi Rodney,
    I'm not 100% clear on what you're asking. Are you able to be a bit clearer about what you're asking for help with?
    Thanks
     
  3. rodney bell

    rodney bell Member

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    im paying $450 a week for a loan in both our names she lives in our othere jointly owned home paying nothing and i want to sell both placesbut said if igo there she will have avo on me can i recover any moneys and can i have her locked out to sell place
     
  4. CathL

    CathL Well-Known Member

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    Why doesn’t she want you to fix up the house? Is she refusing to sell it? Have you considered applying to the Family Court for a divorce and property settlement? The Family Law Court site says that with a property settlement:
    1. If you can agree about how property and money should be divided, then using the Family Court's Application for Consent Orders kit, you ask the Family Court to make consent orders in the terms of your agreement. Consent orders about property and financial orders may deal with transfer or sale of property, splitting of superannuation and maintenance.
    2. If you don’t agree about how property and money should be divided, then you ask the court to make a decision (rather than you making your own decisions) and it becomes more costly and lengthy court process. The Family Law Courts page 'Property and money after separation' explains the factors that the court considers when resolving financial disputes (which includes considering the contributions of each of the parties to the mortgage, so you might be able to show that you've contributed more and argue that you should receive more in the property settlement).
    Is your ex also the mother of your daughter? If yes and your daughter is under 18, then you might also consider getiing consent orders (if you can both agree on parenting arrangements) or parenting orders (if you both can’t agree) when you apply for divorce and property settlement.

    I don't think your ex can’t force you out/keep you out of your jointly owned home to do the renovations, just as you can’t lock her out.
    She can apply for an AVO if:
    • you have hurt her,
    • she is scared that you will hurt her, or
    • you are intimidating, harassing, or stalking her.
    To get an AVO she’d need to show that she fears you, and that there are reasonable grounds for her to have that fear.
    (Legal Aid NSW has an AVO Factsheet.) Based on your behaviour, does she actually have grounds to apply for an AVO against you? Or is she just saying that to threaten you and keep you away from your jointly owned home? If its just a mere threat from her, then perhaps you could calmly try to get the renovations done stating that you’re entitled to be in the home.

    Please keep us updated with how you progress.
     
  5. rodney bell

    rodney bell Member

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    no threats no violence should she be paying rent as i am paying the home loan
     

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