Business Daily Media

Who Gets to Stay in the Family Home During Separation?


Separation is a difficult process filled with many legal and emotional hurdles, and deciding who gets to keep the family home is often very difficult. It’s important you understand your rights and the legal framework around this process. Below is a comprehensive guide to help you get through this difficult time.

Legal Entitlements To The Marital Home

Ownership or not, both spouses are legally entitled to live in the marital home while separated. In other words, neither spouse can kick the other out or force the locks without mutual agreement or a court order. The right to reside in the home does not depend on whether the property is owned by the person or jointly with another or any other.

What If One Spouse Refuses To Leave?

Situations become stressful if you and your spouse cannot agree on who should leave the home. It should be mentioned that you cannot force your spouse out unless you have a court order, even if the property is yours. This protection of both parties’ rights makes sure that during the separation process, no one's rights can be violated.

Moving Out And Your Rights

If you decide to leave the family home you do not have to give up your rights to the property and any possessions. You can claim a part of the property during the settling process. Important personal belongings should be taken with you when leaving so you don't have to deal with any problems later. You also have the right to return to the home at any point during the separation period unless you have a court order against you.

Considerations For Children

Think of the interests of your children when deciding whether to leave the family home. If you move them away, it can be disruptive, so maybe it’s better to keep them in a stable place. If your child wants to move out to live independently, it is highly recommended that you seek legal advice to an agreement about where your children are going to live – such as a consent order or parenting plan.

Exclusive Occupation Orders

There are times where you can apply for an exclusive occupation order against your spouse to force them out of the home. This order, made by virtue of Section 114 of the Family Law Act is an interim order and does not affect final property settlement. The court will look at things like the ability of each party to finance themselves, what would be in the best interests of any children involved and any evidence of abuse or threats of abuse.

Domestic Violence Considerations

The rules are different in cases of domestic violence. It is possible to get a domestic violence protection order so that you and your children are safe and sound. This protection order can compel an abusive spouse to leave the home and stop them from coming back. 

Living Under The Same Roof

Usually after separation, it’s not easy to live together in the same home, but sometimes it’s necessary because of financial problems or for other reasons. To convince the court that you do in fact reside separately, it's important to live separately within the home while having separate finances.

Alternatives To Moving Out

  • Birdnesting: It's when children stay in their family home and parents rotate living there. Such an arrangement can ensure the children are stable.
  • House Splitting: If the home is large enough, the home can be divided into separate living areas for each spouse with the common areas being shared by both.

Practical Considerations

  • Financial Viability: Ask yourself if you can afford to live on your own and support two households.
  • Documentation: When you’ll leave, take important documents and personal belongings with you.
  • Communication: If doable, come to an arrangement with your spouse concerning managing joint bills as well as parenting arrangements.


Seeking Legal Advice

Separating can feel challenging and choosing who moves into the family home is always tricky. A family lawyer can provide you consulting and help you make the right decisions. They help you in the process of applying for the exclusive occupation orders and negotiating domestic violence issues and ultimately ensuring that your rights are protected.

Conclusion

When you separate, deciding who gets to stay in the family home is a legal and personal issue which needs deliberate consideration. Familiarizing yourself with your rights and getting the right legal advice can assist you in navigating this difficult time to a fair outcome. Prioritize the well-being of any children and aim for an answer that causes the least degree of chaos and interjection for everybody.

Separation can be complex. Don't go through it alone. Consultation at Richardson Murray Family Law will give you the legal guidance you need to make sure you and your family are safe and that your rights are protected.

Trending

Who Gets to Stay in the Family Home During Separation?

Separation is a difficult process filled with many legal and emotional hurdles, and deciding who gets to keep the family home is often very difficult. It’s important you understand your ri...

Business Daily Media - avatar Business Daily Media

Asbestos Testing: Vital Safety Measure for Australian Properties

Asbestos once widely used in construction is now known for its serious health risks. This material was commonly used in homes offices and industrial buildings across Australia until the 19...

Business Daily Media - avatar Business Daily Media

Building the Future: How Precast Concrete Redefines Durability and Sustainability

Image Source: Bundaberg Concrete Casters When it comes to greenhouse gas emissions and contaminating the environment, conventional construction companies are at the forefront. However, in t...

Business Daily Media - avatar Business Daily Media

A Step-by-Step Guide to Integrating B2B Crypto Wallets: Key Considerations and Best Practices

Incorporating business-to-business (B2B) crypto wallets into a company's operational framework is a crucial initiative for organizations seeking to leverage cryptocurrency in their day-to-...

Business Daily Media - avatar Business Daily Media

Essential Service: How Building Lawyers Help Homeowners

Homeowners often suffer from the pitfalls of property development. You may be building your first home and don’t fully comprehend Victorian construction legislation. This is perfectly un...

Business Daily Media - avatar Business Daily Media

Bring Life to Your Decor with Ribbon Wreaths and Deco Mesh

You're sitting in your room, and something feels off. The space is nice, but it doesn't reflect your style or feel as cozy as you'd like. Then you realize simple things like ribbons, wreat...

Business Daily Media - avatar Business Daily Media

Everything You Should Know About Teeth Whitening

People are very widely asking for cosmetic surgery and teeth whitening is one of them. This is closely associated with the attractiveness of people. People are asking for it and they are...

Business Daily Media - avatar Business Daily Media

Why Transparent LED Video Screens Are the Future of Retail Display Technology

The transparent LED video screen is one of the unique advertising solutions that transform the setting in the display retail industry. Here, it makes all the difference to see through th...

Business Daily Media - avatar Business Daily Media

Executive Burnout

Throughout my time working in human resources as a psychologist, I've seen firsthand the toll that burnout can take on workers, particularly those...

Business Training

Tips to Keep Your Business Competitive in Today’s Digital Age

Sydney is known to be a startup hub because of the attractive opportunities for business-minded people and the perks of living in the city. Innovati...

Business Training

Why Leadership Training Should Be Open For Freshers In The Corporate Sector

Yes, we know not everyone wants to become a leader - not everyone has leadership skills inside them. We agree, but then that is no reason why you ...

Business Training

Six Factors You Must Consider When Buying Space For Business

Are you thinking of diving into Orlando's entrepreneurial world? Lately, Orlando has come into the limelight for its state-of-art technology and i...

Property

The 5 Tell-Tale Signs Of a Toxic Workplace

Wearing a mask wears you out. Faking it is fatiguing. The most exhausting activity is pretending to be what you know you aren’t. – Rick Warren ...

Business Training

Why Pinterest Should Be Part of Your Marketing Strategy

Pinterest is a growing social media platform that can deliver significant traffic to your website and new followers to your brand. With it’s steady gr...

Business Training