Legal Advice-Getting property back from ex.

Anon Imperfect Mum

Legal Advice-Getting property back from ex.

Hi Mums...
I am asking this question on behalf of my sister, who is without a doubt at the end of her tether with the situation, to be honest, so am I, so I will try to keep this exhaustingly long story as short as I can without missing out the important details. Any help from a lawyer or someone who has been in this situation before will be mostly appreciated!
Sister moved (fled) to QLD in March of this year, leaving behind a 14 month relationship, he is still in SA. The ex has racked up a credit card that he stole (at this moment it is being handled and will hopefully not be her problem soon), he used her car on many occasions at which point he received countless amounts of parking fines which he did not pay for and the fines ended up tallying up to just over $4000, the fines are all from outside his place of work and definitely his, she is paying them off weekly through SPERS. Also, after they were kicked out of their rental property the first time (twice in total within a matter of 3 months) because he didn't pay the rent (their living agreement was he paid rent, she bought the food for both of them and his two children) they had to put their (mostly hers) furniture into storage, when she left everything was somewhat amicable. To this day he has paid her NOTHING, but now our biggest concern is her furniture, things have now turned nasty because she has told him she isn't going back, he is refusing to let her get her furniture. The storage is in his name... Can anyone help with any of this... What are her legal rights in getting her furniture back? Is there a way to get the fines out of her name even though she has already started to pay them off (she had no choice, she couldn't re-register her car unless she did, which now turns out that by starting to pay it means she has taken responsibility for the fines)... Any ideas?
We have been to legal aide for the credit card, we are awaiting another appointment for each other issue, they will only work on one at a time, so this is going to be a very long process if we wait, and paying for a lawyer isn't in her budget (or ours), legal aide have confirmed also that a defacto relationship is from 2 years onwards, so she is clear of that scenario. Ideas and help would be greatly appreciated, thank you in advance for any help we can get.

Posted in:  Life Lessons, Relationships & Marriage, Money

1 Replies

Anon Imperfect Mum

I'd be trying to find out if the bill is being paid on the storage. If it's not being paid they only keep it so long before it's sold off. If someone was still in SA it is very easy to clear the storage depending on the storage place. It doesn't have to be the person whose name it's under. I would often send a family member or friend to mine. So if she had the padlock key and code she could have someone meet a removalist there. Otherwise looking into small claims court (in SA) if it's not of huge value, they may have the option to video or phone call the case.

like