fluffyfluff Posted November 11, 2011 Posted November 11, 2011 My ex partner and I own two houses and I have a rental (dont own) which is run down. As he wouldnt leave the family home we were forced to leave due to his mental illness. He is in the family house, (school/kindy acrossw the road). The other house we own is being rented out privately on no lease. My rental is not suitable or safe for my baby. What I want advice on is my game plan. Ex is going away in one week for 5 nights. Rent moving van and two men. Move my stuff from crappy rental back to dignified family house. Move his stuff from family house to the new bachelor pad style "our owned rental" Suprise suprise tennants, they will have to move out unfortunaly on the spot ( their next door neighbour is their brother so not to hard) and suprise suprise ex when he gets home. Ive already done the moving, go unpack your stuff and get comfortable. What can he do but keep paying the mortgage or sell everything for nothing? This is also in our childs best interest. Cant understand him leaving us in a totally rundown rental while he is controlling both our assets which are better than this rental!
Tiberius Posted November 11, 2011 Posted November 11, 2011 (edited) You should contact a lawyer first. You might end up in jail or at least in a legal nightmare. He cant be that mentally ill if he can make a living to buy a house and a a pad to rent out. How about you try to reconcile, so both of you can live in the nice house rather than one trying to screw the other over hard? Edited November 11, 2011 by Tiberius
Author fluffyfluff Posted November 12, 2011 Author Posted November 12, 2011 Everything is perfectly legal. We are already in a legal nightmare about our child and property, so theres no trouble there for me worrying about something else. Im taking what is rightfully correct for our child. Yes hes a professional executive functioning alcoholic, with mental issues. they are everywhere.. See when someone is holding two perfectly good houses to themselves which sare joint legally and their child is living in a rent derelict building with leaking ceilings. Thats just plain wrong. Thanks for your feedback though )
Tayla Posted November 12, 2011 Posted November 12, 2011 If you reside anywhere in the US and boot out a tenant without following the state laws. These tenants have what is deemed as a month to month lease that still follows proper serving. you are in deep legal trouble. Its in BOTH your interest to think twice before stepping over the line for a renter...you may be homeless entirely with this sly maneuver. Contact a lawyer immediately.
Tiberius Posted November 12, 2011 Posted November 12, 2011 Well if you think you can go ahead with this without consulting a lawyer first then go ahead. The tennants in the pad might not be as cooperative as you think and you might find out they have rights, for starters. No surprise surprise for them or your husband. Why should he care, when you wanted the divorce? A divorce is about winning and losing, you cant blame him for wanting to win it.
Author fluffyfluff Posted November 12, 2011 Author Posted November 12, 2011 I live in Australia. As the tennants have no lease it is a week by week periodic lease. (which isnt even in writing) The two types of tenancy in Australia are fixed term tenancies for a specific period of time and periodic tenancies, which are either week to week or month to month. A landlord can terminate a tenancy by giving notice in the approved form, or by using the tribunal. At the end of a fixed term agreement the landlord must give written notice to the tenant. In South Australia and Western Australia there is no required minimum notice, but landlord and tenant must discuss the issue and come to an arrangement. They wont be happy, but its my baby or them. Or I should say "our" baby or them. Its unfortunate but when push comes to shove, I must do the right thing by my daughter and secure her future.
soserious1 Posted November 12, 2011 Posted November 12, 2011 My ex partner and I own two houses and I have a rental (dont own) which is run down. As he wouldnt leave the family home we were forced to leave due to his mental illness. He is in the family house, (school/kindy acrossw the road). The other house we own is being rented out privately on no lease. My rental is not suitable or safe for my baby. What I want advice on is my game plan. Ex is going away in one week for 5 nights. Rent moving van and two men. Move my stuff from crappy rental back to dignified family house. Move his stuff from family house to the new bachelor pad style "our owned rental" Suprise suprise tennants, they will have to move out unfortunaly on the spot ( their next door neighbour is their brother so not to hard) and suprise suprise ex when he gets home. Ive already done the moving, go unpack your stuff and get comfortable. What can he do but keep paying the mortgage or sell everything for nothing? This is also in our childs best interest. Cant understand him leaving us in a totally rundown rental while he is controlling both our assets which are better than this rental! Leave your tenants where they're at, if you are going to go this route move your ex's stuff into the unsafe shabby place you and your child have been living in. That way you've still got income from the rental & any ensuing legal mess stays between you & your husband.
Author fluffyfluff Posted November 12, 2011 Author Posted November 12, 2011 Thats worth exploring on some levels,as its closer to the city. But its no pets, he/we have a dog and I think a more permanent solution is better. (He is lazy, selfish and resists change). Im thinking I will have to put his stuff into a storage unit around the corner of the house which we are renting out and he can work out things with the tennants. That way his gear will be safe, rather than dumping it there. He can stay at his Mummys until hes sorted it out with the tennants, his Mummy has airconditioning like all the houses besides where we are staying. I can also derive an income from the run down rental sub leasing, and the lease is in my name not his. Regarding the tenants paying the mortgage, its not much of a mortgage, and considering he has another company earning double his normal wage, wrapped up in his family trust, he will have to make it work. Thanks for your advice and throwing ideas around )
Author fluffyfluff Posted November 12, 2011 Author Posted November 12, 2011 If you reside anywhere in the US and boot out a tenant without following the state laws. These tenants have what is deemed as a month to month lease that still follows proper serving. you are in deep legal trouble. Its in BOTH your interest to think twice before stepping over the line for a renter...you may be homeless entirely with this sly maneuver. Contact a lawyer immediately. I wont be homeless, I have my run down rental to fall back on always.
Author fluffyfluff Posted November 12, 2011 Author Posted November 12, 2011 Well if you think you can go ahead with this without consulting a lawyer first then go ahead. The tennants in the pad might not be as cooperative as you think and you might find out they have rights, for starters. No surprise surprise for them or your husband. Why should he care, when you wanted the divorce? A divorce is about winning and losing, you cant blame him for wanting to win it. I dont want divorse, I want him in rehab for a year and in our lives safely.
speedster Posted November 13, 2011 Posted November 13, 2011 who has the mental issues here? what kind of person thinks so little of displacing others?. i'd love to hear his side of this.
Author fluffyfluff Posted November 13, 2011 Author Posted November 13, 2011 Its business now. Unfortunately emotions don't come into business equations. What kind of person would put his 8 month year old baby out on the street when there are two good houses to live in? Who puts other peoples and their own needs before their own infants safety?
Tiberius Posted November 13, 2011 Posted November 13, 2011 (edited) Well nowhere did you say that he threw you out or wouldnt allow you to return. You could just have stayed with him. You were the one who took the infant to that apartment. Or did he kick you out? If you are the one who wants seperatio while expecting him to leave you wont get much sympathy from the men here especially from male divorcees who have been forced out of their own house through restraining orders obtained by the wife through lying. Or how do you think you can keep him out of his own house once you are back in? I assume you plan to involve the police and lie to them if he plans to gain access to his property. Edited November 13, 2011 by Tiberius
Author fluffyfluff Posted November 13, 2011 Author Posted November 13, 2011 There are no lies when a man has domestic violence issues, whether they are physical, emotional, socially or economically. I will do what it takes to protect our daughter, like most mums. And that involves anything.
Tiberius Posted November 13, 2011 Posted November 13, 2011 (edited) You listed all possible definitions of domestic violence, so he did not hit you, else you wiuld have just said he hit me. So the reason you took the daughter to that apartment is you dont get along with him. I guess not folding over when the wife starts arguing is considerd to be domestic violence against women thesedays, but I dont think it should be. Just out of curiosity, if he calls the keysmith to gain access to his home what are you going to tell the police? Edited November 13, 2011 by Tiberius
Author fluffyfluff Posted November 13, 2011 Author Posted November 13, 2011 You listed all possible definitions of domestic violence, so he did not hit you, else you wiuld have just said he hit me. So the reason you took the daughter to that apartment is you dont get along with him. I guess not folding over when the wife starts arguing is considerd to be domestic violence against women thesedays, but I dont think it should be. Just out of curiosity, if he calls the keysmith to gain access to his home what are you going to tell the police? Theres the drug, alcohol, financial, social and verbal abuse. theres also the mental health issue I havent discussed yet that he suffers from which is also potentially violent to all of us. Yes I took our daughter out of it all for her own good. Im not sure what Im going to say to the police yet. Maybe that we are having a domestic and Im about to put a baseball bat through his Range Rover Sport. Ive just told the tennants to leave by this Saturday and confirmed there is no lease agreement, everything is starting to take its place. Phew, mother hood is a challenge!
Tiberius Posted November 14, 2011 Posted November 14, 2011 (edited) So let me get this straight. In Australia if he wants to enter his house you call the police and tell them you are about to bash up his range rover, the police is going to take him away and not you? Are the laws really like that in Australia that as soon as the police is called they make the husband leave, not matter what is going on? So if he calls the police and tells them you moved in and changed the locks in the 5 days he was gone, the police is going to make him leave and is going to arrest him, if he thinks he should be able to enter his own house, which he left 5 days ago? I am just wondering why you think you can make him leave? You seem so confident that everything will go smoothly, that the police will come and tell him he cant enter his own house if wifey says nay, that one might think husbands dont have any rights in Australia. Edited November 14, 2011 by Tiberius
Author fluffyfluff Posted November 14, 2011 Author Posted November 14, 2011 Hi again, I not going to do that, its rage talking sorry. God will find me a way and its not so important to this very minute. I am looking into avenues. An adventurous hour has passed. Ive discovered that my ex partner has been growing pot at our rental property with them. Poo is going to load the nappy, Ive just rang the police.
Tiberius Posted November 14, 2011 Posted November 14, 2011 What a lucky strike . So the police will get hubby out of the way.
Author fluffyfluff Posted November 14, 2011 Author Posted November 14, 2011 Sorry I didnt understand your post. I dont think I was very clear with my posting sorry! The rental property, the tennants were growing pot and my partner I found was assisting them. Ive let the cops know. The cops will only seize the plants and equipment and a big fine will be issued. The tennants will get into trouble, but it will be hard to prove that my ex had involvement. They will be keeping an eye on him through. This wont keep him out of our family home though, where I want to budge him from. I will find a way....
Tiberius Posted November 14, 2011 Posted November 14, 2011 Well I guess all you have to do is start a verbal fight and call the cops. Actually I think if you just call the cops they will "budge" him for you. I heard if you cry real hard in front of them it helps.
Author fluffyfluff Posted November 14, 2011 Author Posted November 14, 2011 Thanks for your reply Tib, today I feel that I dont have the energy to do it now. Im totally gutted that my ex partner did that behind my back while I was pregnant. I feel like I dont know him anymore. I feel worse today than when I first left him. Im looking into the finances today, it seems he opened a joint account in our names then did a transaction and then closed it and put it in his name. I had no idea and have to take it up with the bank and lawyer to work out. Deprived me from the main account, which he still has access to, buying new clothes and air conditioner for the other property, when we have none. ( Thanks for reading my post, its great having some one to bounce things off.
Tiberius Posted November 15, 2011 Posted November 15, 2011 Well I guess in these cases its all about who gains access to the bank first. It might have been his lawyer to do that, if he got one.
Author fluffyfluff Posted November 15, 2011 Author Posted November 15, 2011 No, he did this when he did the loan one year ago with me and I had no idea about what happened as I was heavily pregnant and off my feet. It could be a case of fraud with the home loan guy. Ive got a meeting with the bank on Friday for them to "explain" how they can open and close accounts of mine and transact through them without my knowledge. Exhusted! )
findingnemo Posted November 15, 2011 Posted November 15, 2011 Thats worth exploring on some levels,as its closer to the city. But its no pets, he/we have a dog and I think a more permanent solution is better. (He is lazy, selfish and resists change). Im thinking I will have to put his stuff into a storage unit around the corner of the house which we are renting out and he can work out things with the tennants. That way his gear will be safe, rather than dumping it there. He can stay at his Mummys until hes sorted it out with the tennants, his Mummy has airconditioning like all the houses besides where we are staying. I can also derive an income from the run down rental sub leasing, and the lease is in my name not his. Regarding the tenants paying the mortgage, its not much of a mortgage, and considering he has another company earning double his normal wage, wrapped up in his family trust, he will have to make it work. Thanks for your advice and throwing ideas around ) In a divorce, ugly things happen. One partner gets more than the other before a judge settles things. Many times after the judgement, one party (usually the man) gets booted from his home and loses physical custody of his children. Is it fair? Probably novpt but one parent has to have the kids and therefore a suitable home for those kids to live in. That being said, why would you choose to do things the hard and long way rather than the tried and tested way? If your ex partner is metally unstable, why start a fight without protection? With your plan, you could end up looking like a crazy, vindictive, selfish woman. That won't do you any favours in your legal battles. Forcing things to go your way rarely works. As everybody has advised, get what you want using a lawyer. Go to Child Protection Services and complain about your living conditions and they'll be able to help.
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