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SA Property Law - What to Do if Ex Throws Away My Property?

Discussion in 'Property Law Forum' started by Timothy Longmire, 5 April 2016.

  1. Timothy Longmire

    Timothy Longmire Active Member

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    My ex and I are separated and she lives in the house. My property is still in the house and the sheds. She is not allowing me to enter the house even though I have my name on the title and mortgage. If she throws my property in the skip bin, what can I do about it under Property Law?
     
    Timnuts likes this.
  2. sammy01

    sammy01 Well-Known Member

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    Mate, it is more a family law question.

    So, methinks - assuming you do not damage any property and assuming there isn't an AVO restraining you from entering the property, then just go get your stuff. If she throws your stuff away, there ain't much you can do. You could seek re-dress through the courts but it will cost so much, you might as well go buy new stuff.

    Go to the local cop shop, let them know that you intend to go to the house with a van or whatever and go get your stuff. Take a witness, wear a go-pro camera or do an audio recording on your phone. While it is technically illegal to record someone without their consent, the cops might still be prepared to hear or watch any recordings to ascertain what was going on....

    If she has changed the locks - then forget it. If you break the locks you can get done for damage of property. In short - you're screwed...

    So if you go to the house do nothing illegal. Do not touch her. You're better off going to the house when she isn't there. If possible.

    Now as far as the mortgage goes - were you paying some / all or none of it before separation? Are you paying any of it now?

    Last question. Do yo have kids together?
     
  3. Timnuts

    Timnuts Well-Known Member

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    She is paying all the mortgage and is taking ownership over the house and trying to buy me out way too cheap. My house is fully renovated and I just spent $30000 and finished the house 100 percent and walked out that week, never to return on the 19 December 2014.

    I have stopped paying for the house that day and have also stopped paying child support due to her taking my 25 percent care away from me to give herself 100 percent care to maximize her payment and this was done due to her buying a brand new car for $23 k

    Yes, I have 3 children with this woman and she has not let me see them for this duration from the 19 December 2014
     
  4. sammy01

    sammy01 Well-Known Member

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    Ok so firstly, there are people here who might help. But they're gonna be far less interested if you use the sort of language you've chosen to use.

    So contact relationships Australia, organise mediation. Get he 60I certificate that is required to go to court and get child access and sort out the property. Might be worth going to see a solicitor but you can still recover some losses.

    See, worst case scenario is she eventually wants to sell the house. You refuse to let her unless she gives you half of the sale price. So she pays the mortgage for years and years and then you get a financial win.

    I'd strongly encourage you to see a solicitor and get the ball rolling. The longer you leave it the harder it will be for you to get access to your kids.
     
    Timnuts likes this.

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