How to Manage House Occupancy Post-Separation When a marital relationship ends in separation, there is often a dispute regarding living arrangements, and ownership of the marital home. In some cases, for practical, economic and familial reasons, partners may choose to cohabit the same home as a separated couple – at least until the divorce agreement has been finalised. That being said, this is not always the case, as various factors such as disagreements, violence or concerns for children’s welfare means that living in separate spaces is the best option. When this happens, one party will naturally retain ownership of the original home, whilst the other may need to find alternate living arrangements. How can this be arranged fairly and equitably?
For some couples, the best course of action is to have a frank discussion about what might be most convenient for each party. This might mean one person leaves to live with family, or in alternate accommodation, for the immediate period until the separation agreement is finalised. If this negotiation cannot occur however, it might be a good idea to seek legal counsel and have the matter settled in Court. The local Court can bestow an exclusive occupation order to reside in the disputed home exclusively under the Family Law Act 1975 (the Act)​. These cases tend to be ruled in a wide variety of ways, depending on the various circumstances affecting either party. Each case is judged on its own conditions, but overall, these are the matters which tend to be considered by the Court:
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How necessary and reasonable the application is The best interests of any children under the care of either party The current relationship between the separating partners The financial situation of either party The feasibility of either party to obtain alternative accommodation Any instances of family violence which may make the home unsafe to cohabit Alternative options available to either party, such as living with a close relative, or moving into an investment home ● Whether moving will cause great inconvenience or hardship to either party ● Additional matters the Court deems relevant. This list is not comprehensive and the Court may make a variety of additional considerations to make a judgement of the appropriate course of action to take in any settlement dispute. If you are recently separated and require further legal advice on this issue, the team at Coleman Greig’s Family Law is well equipped to help you through your negotiation process. Be sure to contact us today. Source:colemangreig.joomla.com