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Should I move out of the home?

Tuesday 19th of July 2022
By: Emily O'Brien, Senior Associate, Coote Family Lawyers

Thanks again for holding my hand through all this

We are separated but still under the one roof.  What are the consequences if I move out?

Often, when a couple separate, either one or both will move out of the home, depending on whether the property is owned or rented.  This may happen at separation or sometime in the future.  If the property is owned by you and/or your partner and you intend to retain the property as part of your settlement, it can be in your interest to retain occupation. 

If you have children, there is often a preference to keep them in the home while you negotiate a property settlement, to avoid causing further disruption.  However, this is not always possible, particularly if the relationship has deteriorated and the living situation has become untenable. 

There may also be family violence which means it is not safe for both parties to remain living together. 

It is important to note, that you do not relinquish your interest in a property simply because you move out.  It can create additional challenges however, for example in agreeing for a property to be sold (if neither of you can or seek to retain it), or meeting the costs of the mortgage etc in the interim, when the other party is uncooperative.   In those circumstances, a Court order may be required to progress the sale. 

Before you decide whether to vacate a property, we recommend that you come speak to one of our lawyers to understand how it could impact you and your property settlement.

If you would like to speak with one of Melbourne's top family lawyers, call Coote Family Lawyers on 03 9804 0035.


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I would like to thank you for your advice during my difficult time with my marriage quite a number of years ago now.  Life is good and so is the marriage.

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