It is a common situation where parties have agreed to separate, but cannot agree on who has to leave the house.

Often the refusal to leave stems from the financial cost of setting up a new place.

It can also be from a desire not to be separated from the children, for strategic reasons heading into a family law dispute, or in some instances, as an extension of family violence being inflicted by one party against the other.

The first thing to keep in mind is that once someone moves out, it can be almost impossible to get back in, even if that party is on legal title for the property. This is because the remaining party acquires a form of tenancy with respect to the property.

If you are in the home and you want your ex-partner to move out, there are three main options available to you.

These are an application for exclusive use pursuant to the Family Law Act 1975, an application for an exclusion condition within a Family Violence Intervention Order pursuant to the Family Violence Protection Act 2008, and the “self-help” method. What will be suitable for you will ultimately depend on your specific circumstances.

If these are the circumstances you have found yourself in, or you're trying to ward off an application being made against you, get in touch with us for specific and strategic advice on how best to proceed.

Contact Evelyn Young for more information on 0401 082 179.