QLD What are my rights as the home owner??

[Nictho]

6 months ago I was ousted out of my house on a bogus DVO from my ex wife. We had previously been living together, however spectated for 6 months prior. Since being ousted I have not been able to return to the house. The house is solely in my name and an asset before we got together. She does not contribute to the mortgage/ pay rent while living there or contribute to any bills.
I wish to sell the house, pay off all debt and split any profits with her. I want nothing more then for us to be civil and both walk away debt free and a little profit each.
However, she will not cooperate to let the real estate in the house. What rights do I have as the owner of the property? Is there anyway I can get her out if the house? Or make her cooperate with the real estate.

i don’t not have access to the property or keys due to DVO. I feel like I have no rights and she’ll be able to live rent free in my house for as long as she likes.

 

[sammy01]

Apply to court. Hurry up.
She won't leave, until someone in authority tells her to leave. That person is a judge.

 

[Nictho]

Thanks Sammy, can I do that without a solicitor, or do I need to go through that avenue.

 

[Atticus]

she will not cooperate to let the real estate in the house. What rights do I have as the owner of the property? Is there anyway I can get her out if the house? Or make her cooperate with the real estate.

Clearly she has decided she is on a very good wicket & will want to prolong her innings as long as possible.... if it were me in your position I would first of all stop all repayments to the bank. Save it for legal & other costs..... The debt owed will be greater, but at least that way the debt owed by the time settlement is achieved will be shared. If there is a property settlement filed with the court, the bank can't foreclose (not without becoming a party to proceedings anyway) .... Worse case scenario you agree to begin repayments at interest only pending settlement.

Does she have a caveat over the title?
Is she on any income tested government benefit or allowance?
Is she working ... If not, any reason she can't?

 

[sammy01]

married? how long? Any kids?

I reckon you're gonna need to lawyer up. There is some logic in stopping all mortgage payments. Right now the ex is sitting pretty. Rent free. The realisation that when that ends the house will be taken by the bank and she will not be seeing any profits from the sale might cause her to re-consider her situation.

 

[Nictho]

Married two years; together 8; 2 kids. The banks already threatening with a foreclosure, she’s said she’ll stay there till they change the locks. I’ve book in with a solicitor next week, just to go through options.

 

[Nictho]

Clearly she has decided she is on a very good wicket & will want to prolong her innings as long as possible.... if it were me in your position I would first of all stop all repayments to the bank. Save it for legal & other costs..... The debt owed will be greater, but at least that way the debt owed by the time settlement is achieved will be shared. If there is a property settlement filed with the court, the bank can't foreclose (not without becoming a party to proceedings anyway) .... Worse case scenario you agree to begin repayments at interest only pending settlement.

Does she have a caveat over the title?
Is she on any income tested government benefit or allowance?
Is she working ... If not, any reason she can't?

I’ve booked in a with a solicitor to discuss not paying the mortgage and the outcomes etc.
it would greatly help with legal fees etc.
She is on government assistance and owns her own business, however technically “not lying herself a wage” which allows her to get away with a lot of crap. She also has her new boyfriend living there; so there’s no reason they can’t atleast pay rent

 

[Atticus]

I’ve booked in a with a solicitor to discuss not paying the mortgage and the outcomes etc.

A lawyer can't really suggest you should stop paying mortgage. .... Doesn't mean it's not a tactic well worth considering though. As I said, if you make an application for property settlement, the bank can't foreclose... They are usually okay as long as they can see that settlement is progressing.

She is on government assistance and owns her own business, however technically “not lying herself a wage” which allows her to get away with a lot of crap.

Your ex may want to consider that giving false information to a govt agency for financial advantage is a crime & that activity may come to be exposed as part of the full & frank disclosure rules that are part of a property settlement.

Ask the lawyer about the possibility of her seeking spousal maintenance if a property settlement is filed by either of you ... The lawyer should be able to give you a fair indication if it's likley based on your income & expenses, & hers .... Also ask about seeking an injunction prohibiting her from unreasonably stopping access by Real estate agents, property valuers etc.

 

[sammy01]

How much equity is in th3 house?