I have had a terrible separation and am currently living in the same house as my ex-partner. I have a young child with me and have no other place to go. My ex-partner wants me to move out of the house. I want him to move out. What can I do?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Pearl Beaumont, Bronte 2024 NSW
- The law says you both have a right to live in the house regardless of whose name is on the title or rental agreement.
- It is best to try and come to some agreement that you are both ok with. If this is not possible you can apply to the court for a sole occupancy order. This is an order that one person can live in the house without the other. It is best to get some legal advice about the strength of your case and what sorts of things the court will consider when it is making a decision.
- If you fear for your safety or your children’s safety then it is important that you take steps to be safe. You may need to go to a safe house or reach out to support services. This will not affect your rights and your lawyer can still give you advice about applying for a sole occupancy order.
- If there is family violence and you are in NSW you may also wish to investigate whether the state government’s Staying Home Leaving Violence program can assist you: http://www.community.nsw.gov.au/docs_menu/parents_carers_and_families/domestic_and_family_violence/stayhome_leaveviolence.html.