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WA Family Law - Getting Ex to Move Out of Family Home?

Discussion in 'Family Law Forum' started by PA25, 1 June 2016.

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  1. PA25

    PA25 Member

    31 May 2016
    Likes Received:
    My ex but still husband and I split up in August last year due to his affair with his boss. He moved in with his boss and her kids booting out her husband with a VRO in the process. Up until December, I lived in our family home with our two kids. I have one hundred percent custody of children.

    My ex left me with all the debt and mortgage to pay on my own. He paid a small amount for the children but he stopped paying in December. I only recently started getting child support through the child support agency but at a pittance as the ex grossly understated his income. I alerted CSA, ex tried to fight them. Result is, I won't see a payment at the correct amount until end of this month. LOL

    From August until December, my ex kept entering the family home whilst I was at work. The kids let him in as I had changed the locks. He removed big ticket items that I could have sold to pay down the debt.

    He was also ferreting around a lot in my bedroom which creeped me out. Ex is very technical minded and I wondered why he was up in the wardrobe and ceiling (pinhole cameras?). I had enough and left and moved into a rental.

    I told the ex that I would let him and his affair partner have use of it if they A) paid the 40k caveat over the place and B) got legal paperwork drawn up to remove my responsibility for the mortgage. They did neither. They broke in, changed the locks and moved in.

    The caveat remains unpaid.

    I now wish to take back the family home. I am confused as to which orders under family law I should have. Consent, property or would this be settled in the divorce?

    It is rather urgent as I fear that they will damage the place. The ex has already ripped up all the carpets and not replaced them for months. All they needed was a clean!

    Please help me.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    If your ex is a co-owner of the property, he is within his right to do everything he has done. To retain ownership of the property, you'd need to seek it as part of a property settlement.

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