VIC Property Law - Evicting a Non-Paying Person from Property?

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Clare1946

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17 April 2017
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My ex-wife has taken up residence in my unit. She is not on the lease, pays no rent or bills, and is becoming abusive and is behaving extremely violently. How can I force her to leave under property law?
 

Rod

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27 May 2014
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Is this a marriage or defacto ex-relationship? How long ago did it end? Has a property division been done? How long was the relationship?
 

Clare1946

Member
17 April 2017
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Hello Rod, thank you for replying.
It was a 14-year marriage, ended in divorce about 8 years ago, property settlement all done and dusted.
We lived apart for most of those 8 years, but due to ice addiction, my ex became schizophrenic and homeless.
We have seven children, mostly grown up and gone, but two teenagers love with me.
When my ex reached the point of living in the back of her car, I invited her to come live with us until she found her feet. She has been here now for about 6 months.
Now I'm regretting asking her, but whenever I try to ask her to behave better, she flares up and becomes violent.
I'm not sure what to do.
 

Rod

Lawyer
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27 May 2014
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She is considered a guest. A guest can be ejected with no notice as a trespasser using reasonable force.

Recommend however you hand deliver a demand letter, keep a copy for yourself and date it, giving her x days to move. Advise police a week before hand of the situation and say when she is being ejected and that she may react violently. Whether or not the children are home depends on family situation. Maybe bring in two security guards for the day if police are a no show.