QLD General question on property after seperation

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Brettcoggan

Member
12 November 2018
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I have a question regarding property that my ex wife has just got onto me about having returned to her parents.
We separated 2 years ago and I was under the impression that the furniture was hers and was part of our seperation settlement that we had amicably agreed on. She has just told me that it is actually her parents furniture and they require it back. It has been in my house for 2 years with no request until now for it to be returned. I am now informed a third party will be arranged to pick it up through the work week (when I am unavailable) I have given dates within the month that I am available to be there for the third party. I have been told dates I have been given are the only ones that she will accept and if I do not agree then she will report the property stolen. Any advice would be greatly appreciated
 

Rod

Lawyer
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27 May 2014
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Go to the police station asap and make a report. Tell them it is your property as a result of a separation and that these people are not allowed on your property. Get it on record BEFORE anything happens.

Tell ex these people are not allowed on your property and will be trespassing if they enter onto your land. And that includes your ex.

If divorce is more than 12 months ago, then your ex has to apply to court for leave to apply for a property settlement and you can object at this stage of proceedings. Leave may not be granted. If it is granted, she then needs to convince the court she should have the furniture.

If your ex-wife kept something you wanted at separation, maybe do a 'deal' and and suggest a swap.