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Where a property is held as tenants in common (female 73% and

 
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Customer Question

Where a property is held as tenants in common (female 73% and male 27%) and there has been a relationship split with some domestic disturbance, does the male automatically have a right to come back into the property? He is threatening to come back in unless paid out immediately.
There is a written agreement between the parties, that in the event of split, the property would be put on the market, and that is fine, but having him come back into the home would cause extreme distress.
There is no problem being fair, but the pressure to be paid out immediately where there are no funds to do so with the threat that if that doesn't happen he will come back in is exceptionally distressing and troublesome?
What are the options?

 

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State/Territory: Queensland

Already Tried:
Nothing so far - first step

Submitted: 287 days and 8 hours ago.
Category: Australia Law
Value: AU$71
Status: CLOSED
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Expert:  Sydney-Lawyer replied 287 days and 8 hours ago.

Good Morning,


That the female even the safety?

Is the reason he left because of violence and was this violence reported to the police?

How long have they been together and is this agreement made under the family Law act as a property split?

Customer replied 287 days and 8 hours ago.

Thanks for needing more information.


No domestic violence has been reported - there has been no physical abuse, only intimidation. He left after affair found out.


Been together 4 years, he moved in 2 years ago. Agreement was done done in case of property split. Very clear on what will happen financially (ie property sold and split according to percentages), but missing on what happens in between split and property sold. This is the grey area that is the dilemna now?


 

Customer replied 287 days and 8 hours ago.

Relist: Other.
The question came back, but is unclear and not in proper English:-

"That the female even the safety?"

Please provide someone else.

Picture
Expert:  Sydney-Lawyer replied 287 days and 8 hours ago.

Good Morning

I am using dictation software and it posted without allowing me to correct the typo.
I am happy to proceed if you wish or will opt out.
Sydney-Lawyer41102.0614542477

Customer replied 287 days and 5 hours ago.

I've already send a note that I understand what has happened. Please reply?

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Expert:  Sydney-Lawyer replied 287 days and 5 hours ago.

Good Afternoon,


The law states, as you are both owners of the property, you both have the right to live there.

There are 2 possible ways of having him leave the property prior to the sale.

1. He agrees to leave of his own free will, and
2. There is a court order in place that says he cannot live there.

If there is no fear of violence, the court would be reluctant to make an order forcing him to leave.

If he is intimidating you and making your life uncomfortable and difficult, you can obtain a private intervention order, where he would be ordered not to harass and intimidate or molest you or any other occupant inThis the property.

If the court makes such an order, and he then breaches that order, he has committed a criminal offence and the court can then make a further order for him to move out of the house and not come within 500 m of the premises or you.

If you have any fear for your safety, you can contact the police and request they take out the intervention order, and if they feel it is appropriate that they can ask him to move out immediately.

Unfortunately these are the only avenues that are open to you.

I hope this is of assistance. If you have any other queries please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

 
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