QLD property rights after seperation

[Ray123]

Hi

I have a question regarding rights for entering a house after divorce. If my ex wife left me over a year ago, however we're still in the process of settling the property and her name is on the mortgage but i've been the sole person living in the house since the separation, does she have any right to enter the house without my permission? or am i well within my legal rights to change the locks on the doors etc?

Thankyou
Ray

 

[Shanahan Law]

In the absence of any court order granting either of you the sole use and occupation of the property, you can change the locks and, similarly, she can enter the property.

 

[Ray123]

In the absence of any court order granting either of you the sole use and occupation of the property, you can change the locks and, similarly, she can enter the property.

Thank you very much for your quick response. Without having a key to the house however, she obviously cannot break into the property correct? and i am not under any legal obligation to provide her with a key? i am worried about items being taken from the house that aren't her's.

Thank you

 

[Shanahan Law]

Again, in the absence of a court order, there is no obligation to give her a key. If she breaks in you can contact the police to report a break and enter, but they have a tendency to steer clear (i.e. not prosecute) where the matter involves a separating couple.

 

[sammy01]

who has been paying the mortgage?

 

[Bill Murray]

I sure as s**t wouldn't charge someone with anything if she broke in.

The main elements for B&E/Burg/Enter with Intent are that the person enters the dwelling of another with the intent to commit an indictable offence.

The reasons I wouldn't is because:
1) the dwelling of another - she is on the title.
2) What indictable offence is she entering to commit?

Could go Trespass but even then, a person must not unlawfully enter... she is on the title.

 

[sammy01]

You can change the locks.... She can break the door down. It is her door...

But this is a hypothetical... Has she said she is going to come steal your stuff?

So work on getting the whole thing settled amicably so you can both move on with your lives.

 

[Ray123]

Thanks for the replies, i have been paying the mortgage for the last 12 months. I will look at changing the locks and getting something through the legal system regarding entering the house.

Thank you

 

[Ray123]

You can change the locks.... She can break the door down. It is her door...

But this is a hypothetical... Has she said she is going to come steal your stuff?

So work on getting the whole thing settled amicably so you can both move on with your lives.

Thanks, unfortunately despite my efforts to be amicable, it doesn't seem to be on her agenda any more. I will just have to go through this the hard way, and try and get it done as quickly as i can. She has already entered the house before and taken stuff from the house without me knowing. nothing important yet, but the way its going thats not to say she wont in the future.