Accessing the Marital Home During Separation

Separating from a marriage or a de facto relationship is not something anyone plans for. The situation can be extremely difficult and cause a great deal of pain and anger and sadness for both parties. During this very difficult time most couples do not want to continue to live together. While some are comfortable enough to do so, and even might choose that path, others would prefer not to continue to live under the same roof. For those who do have to continue to live under the same roof, access to the dwelling must be shared. 

What Are My Legal Rights to Living in the Marital Home During Separation?

There is no clear-cut answer that applies to any separation situation. For example, it is not the right of the female over the male to remain in the home. It is also not the right of the primary parent to be allowed to remain in the home over the right of the non-primary parent. For those who are separated, the parties have an equal right to remain in the home after the separation occurs. 

Easier Options

The first easier option than both parties remaining in the home is for one party to voluntarily decide to live elsewhere. 

The second option is to allow the primary parent and the children to remain stable in the home. 

The third option is for the children to remain in the home while the other two parties rent an apartment or home and take turns living in the marital home and the rental. 

Legal Exception

The only legal exception to both parties having the right to remain in the marital home after separation, is in the case of family violence. In these circumstances the Court will tend to direct the more dangerous person to vacate the home.  

Ongoing Legal Rights After Moving Out of the Marital Residence

For some the resistance to leaving the martial home may have to do with a fear of giving up some of their legal rights by moving out. However, this is not a necessary concern. As the person who decides to move out of the marital home, your legal rights are not diminished in any way.  

However, in deciding to leave the marital home it would be wise to gather up any items that are valuable to you including personal items and important documentations. These items can include personal jewelry, birth certificates, passports and the like. 

Either Way

Whether you decide to leave the marital home or stay in the marital home, your legal rights remain in tack with regard to the property. Your rights will also remain in tack with regard to your right to visit and/or spend time with your children. Moving out of the marital home will not affect your time share in future child care and custody discussions and decisions. 

For those who can stay in the martial home with some level of harmony and stability, this is an acceptable way to move forward. For those who do not believe they can peacefully remain in the marital home together, then for one person to move out of the home is also acceptable.  

In the event that you find yourself in need of assistance, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.