- Ex-wife jailed for hindering sale of ex-husband's home
- By Fiona Hudson
- The Herald Sun
- 03/02/2009 Make a Comment
- Contributed by: The Rooster ( 258 articles in 2009 )
A STUBBORN ex-wife served almost six months in jail for hindering her former husband's attempts to sell their matrimonial home.
The woman, in her late 50s, won back her freedom only when a buyer was found for the property while she was behind bars.
The angry divorcee defied a series of court orders to move out of the home and let her husband sell it.
Instead, the Family Court heard, she holed up inside and arranged for friends to bring her food and other provisions.
She refused to let real estate valuers enter the home and ignored process servers trying to hand over legal documents.
Justice Paul Cronin ordered last June that she be jailed for 12 months for the "flagrant" contempt of court.
But in a decision made in December and only just published he agreed to suspend the rest of the sentence pending settlement of the sale.
Justice Cronin said the wife seemed more co-operative since spending time in jail.
"The wife told me that she had been well treated by the prison authorities that she had learned her lesson and that she wanted to be released."
The couple - who cannot be identified for legal reasons - were married almost 30 years and have two adult children.
The woman is entitled to half of the proceeds of the sale of the house, and of three other properties the couple owned interstate.
When he jailed the woman in July, Justice Cronin said it was a last resort.
"It is tragic to see an elderly woman bereft of family and friends who stubbornly defies the law," he said.
"Individually, any sentence of imprisonment on the wife will have severe consequences.
"Her age, language skills and absence of familiar friends will be very hard.
"I have taken those into account in determining that this is the only course open to the court."
The woman deserved to be locked up because she had "thumbed her nose" at the law, he said.
The matter went before various judges at least 11 times - and the woman did not turn up for at least six of the hearings.
One of the judges who handled the case noted it was "hard not to be sympathetic to the husband".
The woman, in her late 50s, won back her freedom only when a buyer was found for the property while she was behind bars.
The angry divorcee defied a series of court orders to move out of the home and let her husband sell it.
Instead, the Family Court heard, she holed up inside and arranged for friends to bring her food and other provisions.
She refused to let real estate valuers enter the home and ignored process servers trying to hand over legal documents.
Justice Paul Cronin ordered last June that she be jailed for 12 months for the "flagrant" contempt of court.
But in a decision made in December and only just published he agreed to suspend the rest of the sentence pending settlement of the sale.
Justice Cronin said the wife seemed more co-operative since spending time in jail.
"The wife told me that she had been well treated by the prison authorities that she had learned her lesson and that she wanted to be released."
The couple - who cannot be identified for legal reasons - were married almost 30 years and have two adult children.
The woman is entitled to half of the proceeds of the sale of the house, and of three other properties the couple owned interstate.
When he jailed the woman in July, Justice Cronin said it was a last resort.
"It is tragic to see an elderly woman bereft of family and friends who stubbornly defies the law," he said.
"Individually, any sentence of imprisonment on the wife will have severe consequences.
"Her age, language skills and absence of familiar friends will be very hard.
"I have taken those into account in determining that this is the only course open to the court."
The woman deserved to be locked up because she had "thumbed her nose" at the law, he said.
The matter went before various judges at least 11 times - and the woman did not turn up for at least six of the hearings.
One of the judges who handled the case noted it was "hard not to be sympathetic to the husband".
Source: https://www.news.com.au/heraldsun/story/0,21985,24999687-2862,00.html
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