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

[Dwayne Harry]

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.

 

[sammy01]

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.

 

[Bailey24]

Hi I hope it's not too late to reply to this.

I was wondering if someone can explain the process that happens when you request police assistance to recover your belongings?

If the other party is away and my property is at one of his family members house

Thanks in advance

 

[Bailey24]

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.

Hi

I was wondering if you would mind explaining what the process is when you ask for police to assist in getting your property back?

 

[Atticus]

I had a need to do this years ago... In SA, it's called a standby breach of peace. Explain you have personal items to collect and you would like their attendance. In my case, we arranged a preset time to be at the place. I waited around the corner for them to arrive.

Best if you do have a list of items. In my case, I was told that if she didn't agree with me collecting my stuff then they couldn't force her because they had no way of knowing if they were actually my personal items.

 

[sammy01]

The cops wont allow you to enter a property unless the resident of the place is present and agrees. Then the cops will escort you to the property and watch you load up your stuff. But if the resident of the property doesn't agree then it wont happen and you can only take what the resident agrees to let you take

 

[Bailey24]

I had a need to do this years ago... In SA, it's called a standby breach of peace. Explain you have personal items to collect and you would like their attendance. In my case, we arranged a preset time to be at the place. I waited around the corner for them to arrive.

Best if you do have a list of items. In my case, I was told that if she didn't agree with me collecting my stuff then they couldn't force her because they had no way of knowing if they were actually my personal items.

Thank you so much for your advice and info