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QLD Property Settlement - Retrieval of Personal Property - Ask the Police?

Discussion in 'Family Law Forum' started by Dwayne Harry, 25 February 2016.

  1. Dwayne Harry

    Dwayne Harry Well-Known Member

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    My wife and I have been separated for some time now and property settlement was finalised without any of my input as I was seriously ill in hospital and incapacitated during settlement.

    As I never had the opportunity to remove my personal items from the house prior to property settlement and had no input, I would like to recover my personal property which my former wife has possession of (That is if she hasn't sold them). I actually had some personal property stored at a friends place and she forcefully removed them.

    The types of personal property I am referring to are; my bike, fishing gear, golf clubs and tools. To add to the pain and suffering she has already caused me, she also took out a "trumped up" Domestic Violence Protection Order against me which means I cannot go to her place of residence and request my personal items back.

    Can someone please recommend what my options are:

    1. Do I have a legal right under Family Law to reclaim my personal items?
    2. Where do I stand if she has sold them?
    3. Can I request police assistance to recover my property?

    I have been advised in the past to forget about it and move on, but I just want what's rightfully mine. She got 80% in property settlement (I paid for everything as she didn't work) and I haven't done a thing to cause her any harm. I just want some of my property back and that's all.
     
  2. sammy01

    sammy01 Well-Known Member

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    Mate, I feel your pain and I have not got any good help.

    So if property settlement is done, then she legally owns your stuff but I don't understand how a property settlement can happen when you were not involved. Property settlement needs both parties to get legal representation.

    When I was in your situation, I went to the cops. They were cool. They contacted her and I was given a chance to make a list of the stuff I wanted. They then followed me to the house. But the ex agreed, and when I got there and realised I hadn't put my spearfishing gear on the list I casually picked it up and the ex said "Nope, not on the list". The cops told me to put it down.

    Might be worth contacting her (unless it is a breach of the AVO) and ask to buy your stuff at garage sale prices. My ex said no Then when she realised that my stuff was cluttering her garage she offered to take me up on the offer. By then, I'd decided I didn't want the stuff and had bought a brand new shiny Cannondale and new fishing gear that was even better than the old stuff.

    Mate, my thinking went because I no longer had to pay for the ex's life I could afford to treat myself.
     

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