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My wife is resu. Victoria she is refusing he entry to

My wife is resu ...

My wife is resu

Lawyer's Assistant: What state/territory is your wife in? It matters because laws vary by location.

Victoria she is refusing he entry to recover my furniture

Lawyer's Assistant: What steps has your wife taken so far?

She is not letting me recover my furniture

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

I has sent my wife a list of items the I brought into her home when we started the relationship

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Answered in 3 minutes by:
3/29/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
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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Good Afternoon

Are you saying you are separating?

How long have you been married?

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Customer reply replied 3 months ago
we are separated, have been married for 6 months
Customer reply replied 3 months ago
She is refusing me entre to recover my furniture

Do you have any assets or just personal belongings?

Why did you leave the house?

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Customer reply replied 3 months ago
She is the owner of house ,and I need my funiture. I left because I was being abused.
Customer reply replied 3 months ago
I can't afford to phone you I have little money
Customer reply replied 3 months ago
Do you have any advice that will enable me to get my furniture, I am living in a bus but have the chance to move into a unit that I can afford but I need my funiture to do that .

Do you have any assets or just personal belongings?

Why did you leave the house?

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Customer reply replied 3 months ago
Please send to my email address can't stay online any longer

I cannot send to your email

Can Only chat on here.

Are the assets only personal assets? Do you and her own the house?

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Customer reply replied 3 months ago
personal assets,she owns the house

Good Afternoon

You have a right t make a claim on part of the house as you were married and I will assume you also made payments and also did work on it.

You advise request access to the proeprty to remove your items and if it is not granted you will see a solicitor and start proceedings seeking a property settlement.

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

This all takes time

If she has not changed the locks and you can get access you can also go in and take you personal items but be careful she does not claim you assaulted her.

You should take an independent person with you.

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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Customer reply replied 3 months ago
Is there any more information you need to enable you to give me advise
Customer reply replied 3 months ago
At no stage has she disputed the items I'm asking for, she just will not let me come and get them , other than breaking in what legal way can I get my stuff
Customer reply replied 3 months ago
I am disappointed with your lack of response, I have ripped off.

If you break in you will be charged

If you have a key you can gain access legally.

If not then you need a court order and you have to take the matter to the Family Court.

If you do that also make an application for a share of the house.

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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Leon
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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