Navigating the Challenges of the Matrimonial Home Post-Separation in NSW
When a relationship comes to an end, the question of who will live where becomes a crucial issue. While some may choose to continue living under the same roof, each in their own bedroom, this isn't always feasible for everyone. The situation becomes even more complex when children are involved, as their best interests must be prioritised.
Who has access to the marital home during separation?
When you jointly own the marital home, both parties have an equal right to access and live in it. However, an Apprehended Domestic Violence Order can be an exception. In some cases, only one party own the marital home, which can complicate matters further.
After separation, it usually becomes evident that one person plans to remain in the marital home while the other intends to move out.
Leaving the marital home does not mean losing your rights to claim a share of the property during the settlement process. You may choose to leave to reduce conflict, but this does not affect your entitlements in property settlement negotiations.
Who pays for the outgoings?
When it comes to the expenses of the marital home, if the home loan is in both names, both parties remain equally responsible for the mortgage repayments. If the separation is amicable, it is best to discuss who will stay, who will move out, who will pay certain bills, and how the departing party will collect their belongings. If you are struggling with home loan repayments, contact your lender to advise that you are experiencing financial hardship.
Exclusive Occupancy Orders
In certain circumstances where individuals require protection, the court can award an exclusive occupancy order pursuant to section 114 of the Family Law Act (1975) to determine who is to reside in the marital home. Obtaining this injunctive order will prohibit a party from entering or residing at the marital home. Again, such orders are made only when appropriate and not in circumstances where it can be used as a legal weapon against the other party.
Regardless of whether a couple owns their home or leases it, understanding one's rights and entitlements post-separation is important. Contact us on (02) 4647 2968 or fill out an enquiry form below to arrange a consultation with a family law solicitor.
