QLD Family Law - How to Get De Facto to Leave House?

[jenny zanussi]

Hello.

I need to get my de facto to leave my house. We have been together for 4 years and in that time, there has been nothing but trouble.

We had a business together and last year, I had to sell that business mainly due to her drunken episodes at work that ended with the loss of patrons over a period of 3 years. She has never contributed financially or otherwise to my home which I have had for 20 or so years.

My home was mortgage free until I purchased the restaurant and I now have a large outstanding debt to repay, not only for the mortgage but for tax, superannuation, and GST liabilities. She has money in a private account but will not pay any share. She will not work and is always in an intoxicated state, to vary degrees. She comes and goes when she pleases and when confronted by me about her whereabouts, she phones the police and then they become involved.

I am at my wits end and do not know where to turn, especially when it comes to her still being at my home.

What are my options under Family Law?

 

[Sophea]

Hi Jenny,

If you are the registered owner of the home you can exclude her from it. Whether that be by changing the locks or otherwise. It is only where you are both on the title or a lease that you both have equal rights to live in a property.

 

[jenny zanussi]

Thank you for your information. Assuming this is correct for Queensland ?

 

[AllForHer]

This is correct for Queensland - if you're on the lease or title and your partner is not, then you are at liberty to exclude her from occupying the property.

Things get a bit more complicated in terms of property settlement though because being de facto generally means she will have a legal interest in the property, or in layman's terms, some claim to the property that she could use to place a caveat on it, which means it can't be legally dealt with (e.g. sold) until the caveat has been lifted.