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I am the sole owner of the house, I am know separated and my…

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Hi, i am the...

Hi, i am the sole owner of the house , I am know separated and my ex wife gave the court and the police an undertaking to leave the house 2 months ago . After a number of request in writing to avoid confrontation she is refusing to leave , she also has leased another property to live in , can I move in her absence and not let her back in and change the locks , remove her belongings

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

An undertaking to police and court she would leave filed in court and i have the transcript , a letter to her solicitor asking her to leave according to the courts transcript , and a copy of leased property in her name

Lawyer's Assistant: Where is the house located?

Bankstown area NSW

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at the moment

Submitted: 3 months ago.Category: Australia Law
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Answered in 50 minutes by:
3/19/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,700
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon

If there is an undertaking to the court, that she will leave the house and she has not you can go back to the court and ask for an order that she vacate on the basis of the breach.

You have a right to change the locks, as she has alternative accommodation and the police will not get involved as it is a civil matter.

I would also suggest if you have not already done so, there you commence proceedings in the family Court together properly order to finalise the assets between you and your ex-wife.

The law will apply the following 4 steps

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your Husband made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

IF these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses

but you will need to get this started ASAP.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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