NSW Trespassing - What are My Property Rights?

[SingleMumClare]

My partner and I have separated, and while attempting to resolve our property settlement, he has been living in our family home as I have no way of getting a loan now being a single struggling mother of two young ones.

I’m wondering what rights I have over the property that I still own in regards to reporting someone for trespassing who is on the property and who I don’t wish to be there? Obviously once (and if he can) buy me out and the property is in his name solely, he can do whatever he wants with it, but surely in the meantime whilst I am still a part owner, I have some rights to it?

 

[AllForHer]

You do have some rights to it.

So does he.

A person can’t trespass on property they own.

Why can’t you move out?

 

[Rod]

A person can’t trespass on property they own.

Just a FYI, in case some other people misinterpret this comment. It is not strictly true, but the circumstances in the OPs post do not catch the exceptions to the general rule. So if you read this thread don't automatically assume you always entitled to enter your own property, ask to see if it applies in your circumstances.

 

[AllForHer]

Leased properties are an exception as they’re subject to contracts and state tenancy laws, but for family law purposes, a house which the parties jointly own and is not subject to any other contract or order cannot be trespassed upon by either of the owners.

 

[SingleMumClare]

Thank you for the responses but I am not referring to him as being the person trespassing. And I do not currently live at the house. It’s certain people he is having at the house that I want to report as trespassing. We had an agreement about who could be at the house whilst I am still an owner of it and he is now violating our agreement. So as an owner can I call the police on someone trespassing even if I’m not currently residing at the property?

 

[AllForHer]

No. Again, he is an owner, he can whoever he pleases at the property.

 

[SingleMumClare]

So I have no rights even though I still own the property. Why do his wishes outweigh mine?

 

[AllForHer]

Well, you both have equal rights over the property as owners, but if he's living there and you don't, then he also has the advantage of possession. As they say, possession is nine tenths of the law.

Is this unwelcome guest a new partner, by chance?

 

[SingleMumClare]

Yes. And we had an agreement that she wasn’t welcome at the house while it was still half mine. But he’s decided to break that agreement. I still have possessions at the house. It’s an invasion of my privacy. I’m getting frustrated that i have no rights. Being the single mother of two kids with no money doesn’t get me anywhere. He ends up winning every time on everything. Getting to keep the house, etc etc. he even recently found a loop hole in the child support system and got away with paying his own kids $5000 less in child support this year. Totally over the system

 

[AllForHer]

Look, I'll be frank and honest here.

Calling the police to try and have your ex's new partner charged with trespass at the house when you don't even live there is controlling behaviour in the same vein as domestic violence and may lead to your ex taking out a domestic violence order against you. If you think you're struggling financially now, wait until you have a court matter on your hands. Costs get real high, real quick in those circumstances, and all it will do is crumble your and his capacity to have a co-parenting relationship for the benefit of your kids.

Tell your ex you'd like to retrieve your personal effects, but understand that beyond that, you really have no options. Indeed, for someone willing to go to such lengths of trying to have their ex's new partner charged with trespass, the best option might just be counselling to help them move on.

As a matter of interest, there are avenues for contesting a child support assessment if you feel it is incorrect. What loophole do you perceive your ex to have found?