QLD Urgent Question regarding Property Settlement

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Thenarcisistsprey

Well-Known Member
15 October 2018
22
0
121
I am posting this for a friend. He currently has no internet access.

Parties were together approximately 6 years. Purchased a property together. They separated about a year ago. She has not paid anything towards the mortgage or upkeep of the property. He has paid her about $20,000 over the past year when she has stated she needed money for their children (who weren’t in her care unbeknownst to him due to DOCS deciding she should not have them). Several months ago he rented the property out as he couldn’t cover the costs of his rent plus mortgage etc. they are trying to sell the property. She has been trying to blackmail him into signing property over to her by using their children saying he can’t see them unless he does. He has only spoken to the children for an hour in ten months. Several weeks ago she had the locks changed on the tenants. They were able to acquire another key I believe through her family. She has today given them several days notice to vacate the property. Stating she is moving back in. He does not believe this is true as she now lives interstate and child protection have an active case against her so she absconded with the children interstate. The tenants rent pays the mortgage. He has been trying to sell it. She has done nothing to assist. My question is does she have the right to evict the tenants? She has no means to pay the mortgage and info from friends is that she is not moving back into the house. The tenants feel threatened by her messages and are fearful. There’s significant equity in the property. Is there anything a lawyer can do to stop her harassing the tenants?
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
he needs to go see a solicitor asap.
He should be seeking orders for the kids to be found and returned to him...

So there is a lease for the tennants?

How to stop her harassing the tennants? get them to block her number. But if there are actual threats then the police could get involved. But with the info you've provided it is hard to say
 

Thenarcisistsprey

Well-Known Member
15 October 2018
22
0
121
There’s no formal lease. He has signed a rent certificate for Centrelink but it began as him just renting out a few bedrooms whilst he was living there then he has moved out and they have stayed on renting.

I have a sneaking suspicion she could be trying to sell the house from under him. Is that even possible? Should he lodge a caveat ASAP?
 

Thenarcisistsprey

Well-Known Member
15 October 2018
22
0
121
Would you a formal lease help them have some rights to stay in the house until it’s sold?

He is considering a restraining order maybe that would benefit the tenants too? Unfortunately he’s not able to see a lawyer until next week