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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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My wife is about to leave me man and she has arranged locks

Customer Question

My wife is about to leave me for another man and she has arranged for the locks to be changed tomorrow/she has 1 child 24 been currently rents our investment property witch is cross secured from our house I have never cheated She has told me in the last 3 months she has the last 15 years besides locking her out today what else needs to be done. I need help with our property. I'm also a JustAnswer member someone helped me last month with emails but I'm having trouble logging in.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Patrick H. replied 6 months ago.

Hello and thank you for your question.

Can you give a summary of both your assets, and in particular whether your home is in her name or yours?

Are there any children of the relationship or only her 24 year old child (who I assume is not yours)?

Once you've addressed these questions I will try to provide an answer either later tonight or tomorrow.



Customer: replied 6 months ago.
The house we live in has 150000 owing on a 310000 mortgage and the other house has a100% loan of 245000 cross secured by the first One and has her adult child living in it who has stopped paying rent 3 months ago we have been together 16 years 14 married she hasn't worked for 6 years and I've worked every day and in the last 2 years I had to resign as manager of APF and be her carer,she suffers from dissuade spells Turns out her health isn't that bad most of it was stress related from sleeping around with several of my friends Can I just put her in a cab to her mothers and change the locks
Expert:  Patrick H. replied 6 months ago.


Strangely your question is listed both for Australia and the UK. Before I proceed can you clarify whether you are interested in knowing the law for Australia or the UK?

Customer: replied 6 months ago.
Expert:  Patrick H. replied 6 months ago.

If the house is in your name solely and neither your wife nor the adult child pay rent then in principle, absent a court order to the contrary or some other contractual claim to an right to occupy the premises, they are simply your guests and you can terminate their welcome without notice and essentially, just change the locks, although you would have to give them reasonable opportunity to leave.

However, if your wife is a co owner on the title of the property she is entitled to reside at the property the same as you until such time as a court order is made and if neither of you can agree for the other to move out you will have to wait until a court makes orders about the division of the property and or living arrangements.

Despite the above, even if the property is solely in your name, either of you can apply to the family court for interim orders regarding occupation of the house and if your asset position is such that any property division will entitle her to a share of your property, it is possible a court could make orders allowing her to stay in your property, and furthermore if you eject her and/or her son in a way which appears unreasonable and particularly if it creates unnecessary expense, the court could form a dim view of your approach and it may count against you in any ultimate court proceedings to divide up your assets.

My suggestion is that you simply write to your wife pointing out that impracticality of you both living in your home, and requiring her to move out within a week or so.

In the long run I think it is in your interest to behave in a way that is reasonable as it will reflect more favourably on you if the matter ultimately ends up before the court.

I trust the above assists.

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