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

[Sian]

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?

 

[Sophea]

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..

 

[Sian]

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..

Can I move back in even if there is a vro in place?

 

[Sophea]

Are you the beneficiary of the VRO order? i.e. is it taken out against him? And is he still living there?

 

[Sian]

Are you the beneficiary of the VRO order? i.e. is it taken out against him? And is he still living there?

Yes I took it out on him and he currently lives there

 

[JS79]

Hi,
I suggest seeking the services of a local family order to commence property settlement proceedings as soon as possible.

See https://lawanswers.wufoo.com/forms/get-connected-with-the-right-lawyer-for-you to be put in touch with a local family lawyer.