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Can my wife remove my belongings from the family home if i

Customer Question
am on avo JA: Because real...
Can my wife remove my belongings from the family home if i am on avo
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: nsw
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: my ex is a family lawyer , the chargers of the avo have been dropped , but there still is a cooling off a avo in place till aug 15
Submitted: 3 months ago.Category: Australia Law
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Answered in 21 minutes by:
8/5/2017
Solicitor: John Melis,
 replied 3 months ago
John Melis
Category: Australia Law
Satisfied Customers: 758
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

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John Melis

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Solicitor: John Melis,
 replied 3 months ago

Dear customer, I can answer all your questions for free and I request if you can please rate my service with 5 stars.

Kind regards
John Melis

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Solicitor: John Melis,
 replied 3 months ago

Dear customer, your situation requires assessment on how the legislation will impact on the specifics of your circumstance. Sometimes what should seem straight forward may not always be the case, and this is why lawyers are engaged to determine your legal rights.

Discussing your very important matter by telephone can be easier and more efficient. I will provide a further detailed reply but in the meantime please rate my service.

Kind regards
John Melis

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Solicitor: John Melis,
 replied 3 months ago

Dear customer, your situation where your personal goods have been removed from the family home without your permission can occur if your name is ***** ***** on the tittle to the property.

If your name is ***** ***** to the property the removal of your goods without your permission may be argued as trespass.

Where the goods are minor in value such as clothes, it will be difficult to argue trespass to goods.

If you have goods of value in the premises, I recommend that you have a solicitors letter issued to your wife, requesting for the goods to be delivered to another location. If your wife fails to comply there may be an argument of conversion on those goods.

Kind regards *****

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Solicitor: John Melis,
 replied 3 months ago

Dear customer, I can keep answering your questions for free if you can rate my service for excellence.

Kind regards

John Melis

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Solicitor: John Melis,
 replied 3 months ago

Dear customer, conversion occurs when a person (your wife) deals with goods in a manner that is repugnant to another's right to possession of the goods. Conversion requires more than contact with goods. The conversionary act must deny the plaintiff's right to possession of the goods.

In order to maintain an action in conversion, a plaintiff (you) must establish that you had either actual or constructive possession at the time of the act of conversion or an immediate right to possession. An immediate right to possession may arise in a number of ways.

The defendant (your wife) must intend to do the act that interferes with the plaintiff's title. Negligence will not suffice. Intention does not require any element of dishonesty or wrongful motive by the defendant, so that even an innocent dealing with another's goods may amount to conversion, provided the defendant intended to exercise control over the goods (Union Transport Finance Ltd v British Car Auctions Ltd [1978] 2 All ER 385).

In order to amount to a dealing that is repugnant to the plaintiff's (you) immediate right to possession, the act of the defendant (your wife) must deprive the plaintiff of possession of the goods by denying the plaintiff's right to possession of the goods, or by exercising a right inconsistent with the plaintiff's right to possession (Lancashire Railway Co v MacNicoll (1919) 88 LJKB 601). There are a number of acts that constitute conversion.

To destroy another's goods will amount to conversion (Hollins v Fowler (1875) LR 7 HL 757). So will altering the form of the goods, such as the oft-quoted example of the unauthorised changing of grapes to wine (Hollins v Fowler (1875) LR 7 HL 757 at 764, 768).

Kind regards
John Melis

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Solicitor: John Melis,
 replied 3 months ago

Dear customer, I can keep answering your questions for free if you can rate my service for excellence.

Kind regards

John Melis

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John Melis
John Melis
John Melis
Category: Australia Law
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Experience: Principal Lawyer at Legal AU Pty Ltd

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