Family Law Report - 9 Issues of Family Separation
Issue 1: The Matrimonial Home – Who Stays and Who Goes?
Some separating couples are able to continue to live together while the bigger issues are being sorted, but for most this is not possible or practicable. The level of conflict might be having a detrimental effect upon both you and your children’s emotional well-being.
Someone usually must move out and find alternative accommodation.
Generally, if one party has been the child/children’s primary carer for the sake of stability for the children, that parent would remain in the home and the other party would move out.
If parties are unable to agree, then we are able to assist and provide you with advice on what to do. This includes our firm taking the matter up with your ex-partner or their lawyer and in rare cases we can go to Court to obtain an order permitting you to reside in the house to the exclusion of the other party.
This is referred to as a Sole Occupancy Order.