Australia's #1 for Law

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

QLD Ex-Wife Removing Property Without My Consent - Legal under Family Law?

Discussion in 'Property Law Forum' started by kleiny84, 31 October 2015.

  1. kleiny84

    kleiny84 Member

    31 October 2015
    Likes Received:
    My wife has recently left and has removed all the belongings in the house. Is there any legal way to stop this or recover any of this under Family Law? Does my ex wife have the right to remove all our property without my consent?
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member
    LawTap Verified Lawyer

    19 June 2014
    Likes Received:
    Hi kleiny84

    Your wife has done the wrong thing, and should have first reached a property settlement via one of the following legally binding methods:
    1. you both obtaining a certificate of independent legal advice before signing a BFA - Binding Financial Agreement; or
    2. lodging agreed consent orders for the Courts approval - confirming they are fair and equitable; or
    3. via an application to the Court for property settlement orders.
    so that everything was agreed before she removed any joint belongings from the house.

    Saying this, she could have taken some personal items with her... but NOT everything in the house.

    If she will not agree to a BFA, or consent orders.... then your only way to resolve the matter, is to proceed to Court.

    Note that the settlement includes everything (including the possibility of adjusting or splitting your Superannuation balances between you) , up until the date of the BFA, and/or the Court orders/judgement... (not the date of separation).

    There is a time limit - 1 year after your divorce is finalised... and after this.. you will need to explain the delay, and ask
    for the permission of the Court to apply...

    Please read the following Court prescribed brochure regarding property settlement.

    Kind regards,

    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Sophea likes this.

Share This Page