Separations are times of upheaval where the financial resources of each party are often strained. Sometimes a client asks whether they can require their ex to leave the family home to live elsewhere.

The starting point is that both parties have the right to remain in the home regardless of whose name is on title or on the rental agreement. Where possible your best option is to try and come to an agreement.

If that is not possible you can apply to the court for a sole occupancy order permitting one person to live in the house and the other to leave. You should seek advice on the factors the court will consider, the strength of your case and the length of time it may take to be heard.

Usually but not always the party that moves from a property will be held by a family court not to be liable to their ex for rent, mortgage and other usual household related costs incurred after they vacate. The rationale is that the person moving will have their own housing costs to pay.

The person who moved will still be liable to their landlord or mortgagee bank for rent and mortgage payments if their ex does not pay.

If you fear for your safety or your children’s safety 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 right to apply for a sole occupancy order.

If there is family violence the NSW Government’s Staying Home Leaving Violence program may be able to assist.