NSW Divorce - How to Get Mother's Ex Out of the House?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
6 February 2017
1
0
1
I'm writing this in hopes someone can help me. I apologise in advance, this is as much a cry for help as it is a chance for me to get this all off my chest.

My mother has recently divorced from my legal but not biological father. They still 'live' together despite him constantly saying he is moving and has a house secured. I use the term living together very loosely because my mother only really has access to a small portion of the house. She regularly skips meals because she would rather avoid her ex than go into the kitchen to cook.

As far as I'm aware, my mother owns the house and it is under just her name. I believe her ex does pay some of the bills, but from what I understand, he is severely behind paying them, to the point where I have regularly heard him on the phone yelling at the employees so that the services can be extended.

He is a paraplegic, has been all my life, and I haven't recalled him doing any traditional work since I was a kid. The past few years, he has been 'building an online business' and doing currency trading. He sits at his computer all day but we have never seen any of this money he always talks about and on several occasions have walked past his computer only to see pictures of naked women (which he claims were from dating sites he used to help a friend).

He has never been physically abusive but my entire life he has been verbally and mentally abusive. I strongly believe a lot of my mental illness stems from the way he treated me and my mother when I was younger. He constantly yells at my mother and she has called me many time crying because of the things he calls her. He is the type of man who almost got my mother deported because she tried to leave him when I was a child.

My mother is an incredibly hard working woman and it breaks my heart that she has to live with a man like this. I doubt he will ever physically hurt her but the mental torture that she goes through is not fair. Is there any way that we can have him removed?

She is currently going through mediation but even they are worried for what may happen when her ex receives the call. She is in too high of a pay bracket to get Legal Aid but can't afford a lawyer and I just don't know what I can do to help as I am 18 and live 6 hours away.
 

Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
121
25
454
Sydney, NSW
www.neatlaw.com.au
Hi there, I'm really sorry to hear of your situation. Sadly the most common abuse in our society is mental abuse. It sounds like they've been together for quite a while.

Are there any other kids at home or are you the only one?

The best way to have him removed is to just continue with the mediation and have them finalise their property orders so they can both split and move on with their lives. IIt would be in your mums best interest if the property stays in your mother's name.