Remaining In The Matrimonial Home During Separation

A common question asked in Family Law is who legally entitled to the matrimonial home during separation?

It is not as simple as one party kicking the other party out of the home.

What be done if the property is in your name or What if the property is owned by both parties?

Property which is part of a Family law dispute has different rules to commercial and property law.

Family Law the possession and ownership do not have the same weight in determining who is able to stay in the home. Both parties are equally entitled to live in the matrimonial home during separation – ownership of the property is not relevant.

Either party at any point during separation can choose to leave the matrimonial home but no one can be forced to leave. This means you cannot make your partner leave and then once they are gone change the locks. It is important to note that this is handled completely different in domestic violence matters.

What are your rights once you choose to leave the matrimonial home during separation?

If you choose to leave the matrimonial home, during the property settlement you can still claim part of the property however, the property no longer becomes your place of residence, and you cannot just enter the property at your leisure. If you are choosing to leave the property it is important to take any important personal belongings that you legally own (individually or together, if agreed).

What can you do if your spouse won’t leave?

If you and your partner cannot reach an agreement, you aren’t able to force your spouse out of the matrimonial property. Although both you and your partner can remain living in the matrimonial home until you reach a property agreement, we often do not recommend this as it can often lead to problems later down the track.

If you considering separating from your partner and you wish to discuss your next steps and property settlements contact – 1800 662 535 the Brisbane family lawyer team at James Noble Law