There is often a period of time between deciding to end a relationship and finalising your property settlement. The length of this awkward middle stage can vary from a few weeks up to several years, depending on the complexity of your matter. If you and your ex-partner were living together at the time of your separation, you will both have to make some decisions about your living arrangements during this in-between time.
Some former couples choose to stay living in the same house while they sort out the ‘who gets what’ part of their property settlement. If you are both happy with this option, then there can be benefits to remain living together in the short term. It puts less pressure on your finances as you are not having to maintain two homes, and can make childcare easier and less stressful.
However, it is not always a good idea to stay living under the one roof after separating. Separation is often a difficult and stressful time, and remaining in the same house can heighten this stress particularly if you are also trying to reach an agreement about your property settlement at the same time. This issue can obviously be resolved if one person agrees to move out, but what happens if you both want to stay in the house but cannot face the idea of continuing to live together?
The Court has the power in appropriate circumstances to make orders for an injunction preventing one person entering the home, effectively giving ‘exclusive use’ of the property to the other. When deciding whether or not it would be proper to make this kind of injunction, the Court will look at a lot of factors including your and your ex’s respective financial circumstances, each of your needs, the needs of the children (if any), and what other accommodation options are available to each of you.
If you are worried about who can or should stay in the home after separation, or your ex-partner is trying to get you out of the house, then you should seek legal advice as soon as possible. If you have experienced family violence or are feeling unsafe in the home, then you should seek legal advice immediately.
If you have separated or are considering a separation and would like advice about your particular circumstances, call us to make an appointment on (02) 6225 7040, send us an email at admin@rmfamilylaw.com.au or get started online now by clicking here.
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