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Returning home after an AVO expires

What happens after an AVO expires regarding the family home? Can I return if my ex is still living there. We have divorced and have shared custody of our 2 boys. The family home was a gift to me when I got married. It is in both our names. I would like to know if I can return and get her to leave?
You are entitled to return if the ADVO has expired. Make sure that there are no grounds for another. Did you have legal representation before either accepting the ADVO or dealing with a hearing? The family home was a gift to you and your ex is on the title. That does not mean she is entitled to half or any particular amount. There are numerous questions that need exploration before she will simply 'leave'.

Executive Secretary - Shared Parenting Council of Australia
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Cut a long story short.. i found texts on car Bluetooth that she was cheating.. I asked her about it, she denied it. We struggled for her phone and I held her wrist. She went out for the night again and said we were ok. The next day the police came and arrested me after I told them about that incident.. they charged me with assault. I went to court and the charges were thrown out but the AVO held in place for 12 months.
Her new boyfriend moved in.
We have 2 boys 8 and 11 that she did not allow me to see for 12 months and only after my lawyer threatened court. Apparently she can't afford it so agreed to 50/50 custody. We have not dealt with property as yet.
I renovated the house completely a few years ago and have paid off the loan on the house so they live there free basically.
I also have a new partner and wish to get back the house. Not only was it a gift from my parents but I built it myself as I'm a builder. How can I get back in there after the bogus AVO expires in April? I will proceed with property settlement in June which will be 12 months after the divorce.  
When was the ADVO hearing? You only have 12 months to commence property proceedings after divorce so if it was last month its too late without leave of the court.

This raises an important point about gifts from family. They should be provided as a loan and appropriate loan documents raised at the time where both receiving parties sign the agreement OR a Testamentary Trust arrangement.

How to move forward is the next question. Unfortunately, I doubt there will be an easy resolution. Why should she leave? She has the new bloke moved in, no rent, very nice. Are you discussing matters with her? There is going to have to be a day of reckoning but this is going to involve children contact issues and property.

You should have been seeing the boys during the AVO and if they were protected parties made an application to vary these. Are you seeing your boys now? If not why not? We deal with these sorts of matters every other day so you are not alone. Send me a private message with your number if you want to discuss matters further.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
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