VIC Settlement Dispute - Tenants in Common

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BBarnes65

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2 August 2020
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Hi All,
I am currently going through quite a messy separation with my partner of 4 years. We are tenants in common, with a 70/30 split of the property we live in (my way). We are in the process of me buying her share, and obtaining consent orders for our separation.


We currently live together in the house, and mutually agreed that neither of our respective adult children would visit - especially with the lockdown situation. My ex-partner has ramped up her aggressive behaviour in order for me to accept her latest proposal. She wants her son to move in to the house with us, and has told me to clear out the spare room. Obviously, I don’t want him to move in. What rights do I have to stop it?

Thank you in advance,
BBarnes
 

Rod

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What rights do I have to stop it?
You have the right to stop him. Though it may be a question of who get in first with a FVIO.
 
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Atticus

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6 February 2019
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Depending on what part of Vic you are in, it may be in breach of restrictions to even visit at the moment... potentially a quite large fine/s
 
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Rod

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FYI - restrictions don't apply to moving residence.

I can see the wife applying for a FVIO. First in has a good advantage, especially if she has been aggressive.
 
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Atticus

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I can see the wife applying for a FVIO.
Agree with @Rod .... You need to be mindful of not being drawn into any heated arguments. Evan a call from a concerned neighbor can have the police at your door that may result in the issuing of a safety notice. Possibly to have you excluded from the place....

Don't know how close you are to reaching an agreement on those consent orders, or how committed you are to not having this bloke move in, BUT... maybe strategically not a bad move to allow it on a 'trial' basis as long as things are progressing with consent orders. Dunno, just a thought.

You could apply for a FVIO yourself if you have grounds, but I reckon it's harder to have a magistrate issue an exclusion provision against a female than it is a male, & I think that would be the only way an FVIO would give you an advantage
 
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BBarnes65

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2 August 2020
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Agree with @Rod .... You need to be mindful of not being drawn into any heated arguments. Evan a call from a concerned neighbor can have the police at your door that may result in the issuing of a safety notice. Possibly to have you excluded from the place....

Don't know how close you are to reaching an agreement on those consent orders, or how committed you are to not having this bloke move in, BUT... maybe strategically not a bad move to allow it on a 'trial' basis as long as things are progressing with consent orders. Dunno, just a thought.

You could apply for a FVIO yourself if you have grounds, but I reckon it's harder to have a magistrate issue an exclusion provision against a female than it is a male, & I think that would be the only way an FVIO would give you an advantage
Thank you for the response. We have been close on 3 occasions, but she refuses to sign at the last minute, and demands more money. Next stop is mediation, and hopefully avoiding court.
 

Atticus

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We have been close on 3 occasions, but she refuses to sign at the last minute, and demands more money. Next stop is mediation
I have seen separated couples stall at this point for years over not agreeing to what each thinks they ought to be entitled to ....... 4 years is a short relationship, so generally each gets back with what they started with if possible, with any increase in values shared equally..

My advice, do some thorough discreet homework before mediation .... Get a professional property valuation done, then get together all the facts & figures related to your time together, initial contributions (important because it's only a 4 year relationship) money in bank accounts, all assets before & acquired during relationship, any improvements on the property during relationship etc etc... The more info the better, take it all along to a family law solicitor for an informed opinion on what each party may be entitled to as a just & equitable split.... That figure will be your guide. It is based on solid legal advice & proper valuations, both of which the court would require if it ever went down that road..... Well worth the money of an hour or two of a lawyers time to have that going into mediation.

As for her son not moving in. That may just be a battle of wills, you have a right to accept or refuse who lives with you, but I recommend you do it with a firm but calm voice.... Blokes don't get to carry on like a cut snake & get away with it like a female often does.
 
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BBarnes65

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2 August 2020
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I have seen separated couples stall at this point for years over not agreeing to what each thinks they ought to be entitled to ....... 4 years is a short relationship, so generally each gets back with what they started with if possible, with any increase in values shared equally..

My advice, do some thorough discreet homework before mediation .... Get a professional property valuation done, then get together all the facts & figures related to your time together, initial contributions (important because it's only a 4 year relationship) money in bank accounts, all assets before & acquired during relationship, any improvements on the property during relationship etc etc... The more info the better, take it all along to a family law solicitor for an informed opinion on what each party may be entitled to as a just & equitable split.... That figure will be your guide. It is based on solid legal advice & proper valuations, both of which the court would require if it ever went down that road..... Well worth the money of an hour or two of a lawyers time to have that going into mediation.

As for her son not moving in. That may just be a battle of wills, you have a right to accept or refuse who lives with you, but I recommend you do it with a firm but calm voice.... Blokes don't get to carry on like a cut snake & get away with it like a female often does.
Thankfully, I’ve collected all the information, provided it to my lawyer, and, on paper, a lot goes my way. I’ll be able to speak to her today, but I was panicking yesterday when I couldn’t get legal advice, and she dropped the son moving in bomb.

I chose my lawyer based on a referral for a cheap price to write up the orders, when it was all amicable. Unfortunately, now that it has turned nasty, I don’t think it was the best decision. In your experience, does mediation work, or will it likely go to court?
 

Atticus

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6 February 2019
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Mediation can work if there is a GENUINE desire by each party to reach a compromise & move forward..... Mediators aren't allowed to give legal advice, but they should back any solid legal advice that you bring to the table with regards valuations, & a split based on all the relevant circumstances.
 
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