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WA Separation with Property Settlement Not Yet Finalised - Prevent Access to Property?

Discussion in 'Family Law Forum' started by freshstartin2015, 8 May 2015.

  1. freshstartin2015

    freshstartin2015 Active Member

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    I am needing some advice on what I can do to protect my property as going away with a child for a little while but want to put a order to not give permission for ex to go anywhere near the property and he is also not paying for debts on a regular basis now..I only work on a casual basis as my main role was home carer for family and i have had to look for more work as children are all now grown.

    I am concerned as still nothing has been finalised legally with a property settlement and my name is on the home loans / mortgage.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Might need some more detail about the nature of the relationship. Was it jointly owned by both of you? Did he live there at some point? Is the child also his? Has there been any family violence issues?
     
  3. freshstartin2015

    freshstartin2015 Active Member

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    married 25 years separated just over two. Have 4 children to the relationship he has been living at another address since moving out.He has purchased a vehicle since separation all other assets in joint names.He has become verbally cruel and financially controlling.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Cheers for the extra information.

    Basically, the length of your marriage means he has equal entitlement and ownership of the property, so he is within his right to gain access to the property if he chooses. That said, there is also nothing stopping you (or him) from changing the locks.

    To get an order that limits his access, I believe you would need to look at obtaining a protection order. Protection orders are governed by state-based legislation, but I think in WA, they're called 'violence restraining orders', and I believe you can attain one either privately or through the police. Given that it sounds like the intimidating or threatening behaviour has been fairly tame by police standards, it might be best to pursue an order privately.

    For more information about this, have a look here: Violence restraining orders - information
     
  5. freshstartin2015

    freshstartin2015 Active Member

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    I have more on a earlier reply
     
  6. AllForHer

    AllForHer Well-Known Member

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    I think that may potentially be someone fishing for clients.
     
  7. lawanswers

    lawanswers Moderator
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