NT Family Law - Can l Stop Ex from Entering Property?

[Amethyst]

Hi. Ex has not lived on the property for over two years. I pay mortgage and expenses. Can l stop him coming back on the property under family law?

 

[Paul Cott]

Hi Tam,

I don't know the circumstances here but I would say they if you live there and your ex doesn't and he enters and you tell him to leave but he doesn't, he is a trespasser. Then you could contact the Police to remove him forcibly. Possession, ownership and occupation are related concepts but different too. And Good luck.

 

[Rod]

1. If the ex is on the title then both parties are joint tenants and the ex has rights. The fact he may not have exercised those rights doesn't automatically mean they are extinguished.

Or

2. If the ex is on the lease, see 1.

Or

Other?

What is the situation with the ex?

 

[Amethyst]

Hi Tam,

I don't know the circumstances here but I would say they if you live there and your ex doesn't and he enters and you tell him to leave but he doesn't, he is a trespasser. Then you could contact the Police to remove him forcibly. Possession, ownership and occupation are related concepts but different too. And Good luck.

Hi Paul. Thanks for your reply. Can you please clarify, us this family law

 

[Amethyst]

Hi Tam,

I don't know the circumstances here but I would say they if you live there and your ex doesn't and he enters and you tell him to leave but he doesn't, he is a trespasser. Then you could contact the Police to remove him forcibly. Possession, ownership and occupation are related concepts but different too. And Good luck.

Hi. Can you please clarify is this family law issue? Not property law? If ex is allowed back on property l want get advice on how that works. Does he have to give me notice? Can he just come and go when he pleases? Property is to be sold in settlement process.

 

[Amethyst]

1. If the ex is on the title then both parties are joint tenants and the ex has rights. The fact he may not have exercised those rights doesn't automatically mean they are extinguished.

Or

2. If the ex is on the lease, see 1.

Or

Other?

What is the situation with the ex?

Hi Rod. Ex was removed from property two years ago. Property is to be sold. I am trying to find out what rights l have as l live here. He wants access. Is this family law or property law issue?

 

[Rod]

Ex was removed from property two years ago.

Under what circumstances? Violence order of some kind? If yes, has it expired?

Unless a family court has intervened it is not family law. State violence orders can forbid access. Otherwise under property law unless you have a lease/agreement with him giving you sole possession, then it is likely he can enter the property.