Marriage/Divorce Laws

[mantou]

So basically, the husband left the house for 2 odd months now and they are now going through divorce!

Today, the family recieves a call stating 'I'm coming home tomorrow'. By law is the family allowed to refuse his entry? Although he has part ownership of the house?

Thanks in advance.

[Buckets]

Unless there is a restraining order on him preventing him from visiting the residence then no he can waltz in and do what every the fuck he wants and so long as he isn't violent ect theres fuck all anyone can do about it.

[Sevan]

Not without a good reason, like the immediate threat of violence. If it's still his house it's still his house

[mantou]

Well, he came by once and caused a scene then tried to get a restraining order on the son (which he didn't show up at court, so the order was dropped). He's obviously coming back with a plan.

Is he able to kick the kids out of the house? As they are 18 years and older.

[Buckets]

Probably mate he does co-own the joint.

[mantou]

But a quick phone call to a lawyer just then, said we were allowed to deny his entry. As all the locks have changed, if he knocks we can tell him he isn't welcomed.

Would this be because they are going through seperation? He was the one that filed the divorce

[TheChad]

possibly the lawyer might be the one who would be the most help in this situaiton. taking nothing away from suggestions in this thread, most law does revolve around logic. however a proffesional in the matter might be the one to speak to.

assuming he does come over before anything is sorted everyone should just remain calm and if it gets tense just get the police.

[duste]

PM Sircatman, he's no lawyer yet but he may have studied family law already and will be able to give you some basic insight.

[fourseven]

SBy law is the family allowed to refuse his entry?

No.



Is he able to kick the kids out of the house?

Yes.


But a quick phone call to a lawyer just then, said we were allowed to deny his entry. As all the locks have changed, if he knocks we can tell him he isn't welcomed.

Lawyers are for a court room, not the street. If it is his house he has the right to enter the premises by any means necessary. Police will only prevent him from entering the premises if there is a restraining order, and good luck getting anything but an interim order if he partly owns the house and doesn't have a history of domestic abuse.

PS - If this guy doesn't beat on his wife, she's a pingpingpingping for trying to stop him accessing his own home. Who changes the fucking locks? Dog act.

[thrtytwo]

most lawyers will never see a court room, I'm sure if they've received legal advice the lawyer wasn't just talking out of his arse.

[JBAE]

just get the son to man up and flog him if he is a pingpingpingping... game set match!


GLASSS IM EVENNNN STRAYA DAYYYY!

[mantou]

PS - If this guy doesn't beat on his wife, she's a pingpingpingping for trying to stop him accessing his own home. Who changes the fucking locks? Dog act.

The thing is, he wants to split everything in half. But the catch is, he hasn't paid a single cent towards the mortgage of the house or paid any bills. All he's done is live off centrelink for past year under the disability payments.

[TJ]

If you knew how much disbility payments were you would probably realise paying for half of anything is pretty much impossible.

[mantou]

But he's only been on that for a year at max and they've had the house for well over 10 years. Yet he has contributed little to nothing.

[BIGS]

That's for the courts to decide based on evidence. Until than if on paper he is co-owner your hands will be tied.

[Blueraven]

But he's only been on that for a year at max and they've had the house for well over 10 years. Yet he has contributed little to nothing.

Contribution doesnt mean shit, I met my wife a few months after she had broken up with a douchebag that used to physically and mentally abuse her, lived with her for 3 years, never paid a cent towards anything and when she finally managed to kick him out for cheating on her he took half her shit out of the house with him. Did i say half? when I met her she had a bed and an ikea dining table..thats it.

So a year later she decided to refinance the house so she can rennovate and buy a new car, only then did we find out he had placed a caveat on the house and was obtaining legal council to sue her for half the value of the house, since they lived to gether long enough to be deemed defacto.

We sought our own council, and they confirmed that even though he beat her(we had medical/photographic proof) and didnt contribute a cent, he did in fact have a very good chance if we went to court to force her to sell up and split the profits. He had also forced her to be a garuantor on a new hsv only a month before he got caught cheating on her, which $20k was still owing and he wasnt making the payments so now the bank was chasing her and not him!....she managed to get him to withdraw his claim on the house, but only if she paid out the car for him.



SO, a douchebag who cheats, not even married, is violent and doesnt contribute still had a claim so good that we were advised to avoid taking it to court.

I was fuming back then but my now wife would not let me touch him, I have only mentioned a small portion of this guys fucktardedness, re typing all this shit makes me want to go out and find his for a lengthy conversation.

Heard he did the same thing a few years ago to another poor woman.

[Kilma]

Story
I'm quoting your post as an example, not as a shot at you or a CSB moment.

Welcome to life. It isn't fair, and there are too many dipshits out there who take advantage of it.

Fuck I hate people.

[thrtytwo]

oh well, normally women get it all when they've contributed fuck all.

[duste]

RAWR

That's exactly why a mate at work refused to let one of his ex-girlfriends move in with him very soon after they started going out...he knew what she was doing. If she moved in and stayed with him for a bit (I think it's only 6 months or something - it's not a very long period), she would be legally entitled to half the assets.

Said no, and she fucked off.

Ahh me gold diggers.

Again, as Kilma said, there are many fuckwits in the world; it's just a pitty the law isn't up-to-date enough to deal with them.

[fourseven]

The thing is, he wants to split everything in half. But the catch is, he hasn't paid a single cent towards the mortgage of the house or paid any bills. All he's done is live off centrelink for past year under the disability payments.

I had thought that something like this may be the case when I was typing my post. The wife needs to get into court ASAP then and make them aware of the situation.

[family guy]

Think it is 6 months for WA and 12 months for the rest of the country for some strange reason.

[Fukushima]

If she moved in and stayed with him for a bit (I think it's only 6 months or something - it's not a very long period), she would be legally entitled to half the assets.

it isn't that simple - you can apply to federal or state systems but

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Property+and+Money+Matters/Property+and+money+after+separation/

The Family Law Courts can make these orders if satisfied of one of the following:

the period (or the total of the periods) of the de facto relationship is at least 2 years
there is a child of the de facto relationship
one of the partners made substantial financial or non-financial contributions to their property or as a homemaker or parent and serious injustice to that partner would result if the order was not made, or
the de facto relationship has been registered in a State or Territory with laws for the registration of relationships.

and in WA there is a lot more consideration for what each person *contributed*. For her to take half his stuff she would have to be doing all the cooking and cleaning, or contributing financially.

And in each case it is fair enough that she get some cash if things head south.

[crabman]

That's exactly why a mate at work refused to let one of his ex-girlfriends move in with him very soon after they started going out...he knew what she was doing. If she moved in and stayed with him for a bit (I think it's only 6 months or something - it's not a very long period), she would be legally entitled to half the assets.

Said no, and she fucked off.

Ahh me gold diggers.

Again, as Kilma said, there are many fuckwits in the world; it's just a pitty the law isn't up-to-date enough to deal with them.

This is why my narrow my options for a relationship as I aint letting no bitch live with me unless she has her own house haha. She wants to pull that half shit on me then I'll go for her's.

[Brute]

oh well, normally women get it all when they've contributed fuck all.

Nice generalisation, how old are you?