LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Husband Locked Me Out - What are My Rights Under Family Law?

Discussion in 'Family Law Forum' started by Sian, 1 February 2016.

  1. Sian

    Sian Member

    Joined:
    1 February 2016
    Messages:
    3
    Likes Received:
    0
    My ex is currently residing at our family home owned by both of us. Our mortgage is currently in arrears 4 months. He hasn't paid anything since I last paid for it. I moved out in July due to family violence and drug use in those months. I paid the mortgage up until October and since then he hasn't paid anything.

    Recently, the house was raided by police and my house has become a storage place for stroll goods. Police have seized the goods. The bank is in the process of repossessing the house. I want to move back in and take over but, unfortunately, I have no cooperation from my ex to get back in the house and he has changed all the locks on me.

    What legal rights under Family Law do I have to get him out so I can avoid my house being taken from me?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Legally, if you are a co-owner of the house - I.e. your name is on the title - you have equal rights to go in and change the locks on a house and exclude him from it. He can't prevent you from doing that. However, you can't prevent him from doing the same again. Without his co-operation any negotiations you make with the bank about paying up your mortgage and getting back on track will be off your own back.

    If you want to get a share of the money back from your ex - you may have to buy him out of the property - if are in a position to do so - or get family court orders dividing your assets taking into account of the relative amounts you have each paid into the mortgage etc..
     
  3. Sian

    Sian Member

    Joined:
    1 February 2016
    Messages:
    3
    Likes Received:
    0
    Can I move back in even if there is a vro in place?
     
  4. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Are you the beneficiary of the VRO order? i.e. is it taken out against him? And is he still living there?
     
  5. Sian

    Sian Member

    Joined:
    1 February 2016
    Messages:
    3
    Likes Received:
    0
    Yes I took it out on him and he currently lives there
     
  6. JS79

    JS79 Well-Known Member

    Joined:
    2 October 2015
    Messages:
    307
    Likes Received:
    35

Share This Page

Loading...