22 May 2018

Who stays in the family home after separation?

The family home is often the most significant asset that a person will own.  Couples often disagree about who should remain living in the family home following separation.

Both parties to a separation have a right to occupy the family home, regardless of whose name is on the legal title to the property.  For most couples, continuing to live under the same roof following separation is not an option.

Leaving the family home following separation does not mean that a person is relinquishing their entitlement to the property.  The major disadvantage to leaving the family home is having to find alternate accommodation and the expense involved in setting up and maintaining that residence.

The Court has the power to force a party to leave the family home.  The court will consider various factors, including:

  1. the income and expenses of each party;
  2. the hardship that would be caused to either party or any children if one party was forced to leave the home; and
  3. whether there is domestic violence or safety concerns which justify removing a party.

Every case is decided on its individual circumstance.  Our family law team provides strategic advice for a client’s individual circumstances.  Contact our family law team for advice about your rights and obligations today.

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