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VIC Separation - Own My Home but cannot Go In!

Discussion in 'Family Law Forum' started by Shellbzz, 30 April 2015.

  1. Shellbzz

    Shellbzz Member

    30 April 2015
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    Hi Everyone,
    I really need some help...I will try to keep it short.
    Separation in Nov 2014. I left our marital home with 2 children which is titled in my name only to clear my head. My husband knew we would be coming back to the family home for the children's sake. He has refused to move out and let us in and has now since placed an IVO (restraining order) on me to not go near the house for 12 months. He claimed when I was collecting clothes for the kids that I was stealing his belongings.

    It has taken 2 court case just to get my and my childrens basic belongings. I entered this relationship with 90% of all equity and belongings and no debt. I now face bankruptcy and have no furniture, can't sell the house or do anything really whilst he is sitting pretty free of charge in this house. He also has my car which he will not return.

    What can I do? I understand that it is all marital belongings, all I want is the essential furniture!
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    I think you'll probably need legal advice on this one. Legal Aid offer free consultations, so it's worthwhile organising an appointment with them.

    I'm a bit unsure about the IVO - it's state law, and I'm not familiar with Victorian laws. Does the IVO distance you from your former spouse, or the house itself? I find it surprising that an IVO of that nature would be placed when you've been basically rendered homeless with the two kids.

    In terms of property, you can commence property settlement at any time during separation, but only have 12 months after a divorce is finalised to file with the court, so it's best to get this under way so you can address the pressing matters, like providing for the kids. You might be able to apply for spousal maintenance while the property settlement is being determined as well, if your circumstances are dire.

    I'm not sure how to deal with the house. Unless there's a caveat on it, I believe you probably can sell it but your ex will be entitled to whatever portion is determined in the property settlement.

    Look, I think it's best to get legal advice that can assess your situation properly. Sorry I can't be more help, I'm just not that familiar with Victorian intervention order laws.
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