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NSW Family Law on Getting Ex-husband to Move Out?

Discussion in 'Family Law Forum' started by Wildstrawberry01, 4 October 2016.

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  1. Wildstrawberry01

    Wildstrawberry01 Active Member

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    Hi

    I need help how to remove my ex-husband in the house. Apparently, he can't afford it and still saving money. Originally, he said he was moving out last November, but until now he's still here.

    What's the appropriate family law act to remove him?

    I would really appreciate if you can guide me on this matter.

    Many thanks.
     
  2. Rod

    Rod Well-Known Member

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    Have you had a property settlement?

    In whose name is the title or lease?
     
  3. Wildstrawberry01

    Wildstrawberry01 Active Member

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    Does it really matter to do settlement?? Luck for my ex, getting half of everything I work hard for.
     
  4. sammy01

    sammy01 Well-Known Member

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    You could always move out... What about the situation dictates that he has to leave?
     
  5. Wildstrawberry01

    Wildstrawberry01 Active Member

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    I can't move out as I'm still paying off the house. Australian law is very complex when it comes to asset settlement, especially when I don't have the cash flow to resolve this problem. I originally purchased the house for the reason that when the time comes for me to retire, my kids can have this house.
     
  6. Matthew Lynch

    Matthew Lynch Lawyer

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    Hi Wildstrawberry01

    You need to file an Initiating Application in the Federal Circuit Court of Australia.

    In the Interim Orders sought section you need to seek an order for sole occupancy of the house. The court will make an order after considering certain factors such as the needs of any children and primary carer, the means of the parties, the practicality or impracticality of continuing to live separated under one roof.

    If you need help with the application please let me know.
     
  7. Wildstrawberry01

    Wildstrawberry01 Active Member

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    That's where I'm confused about the law here in Australia. Any ex wish to stay at the so-called marital home can stay as long as he wishes, even though divorce is settled.

    It is so easy for everyone to say 'do the asset settlement', but in my own prospective, it's hard to let go for something I built up. I'm working 24/7 & studying at same time without any financial contributions from the ex.
     
  8. sammy01

    sammy01 Well-Known Member

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    So either sell it or go to court.

    If the ex isn't contributing towards the mortgage then you're mad. Every cent you put in he is likely to get some of it back. So apply to court. Simple.
     
  9. Rod

    Rod Well-Known Member

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    Remember - you picked him.

    Your preferred option of him moving out is not happening so as the above poster's have pointed out, your only remaining options are:
    • you move out
    • go to court
    • move in another man who can encourage the ex to leave.
    If it was a short marriage and he has contributed little, then you will likely receive most of the property.
     
  10. Wildstrawberry01

    Wildstrawberry01 Active Member

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    As I said it's very complicated, but I guess, at the end, I'll lose everything and he'd be cashing out and laughing
     

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