Who Moves Out When You Separate?

If the property is in your name only, it is sometimes the belief that the other person should be the one to leave. However there are circumstances, in particular if you have children, where you may be wise to think differently.

In instances where, for example, the other parent has no means to pay rent to live elsewhere, effectively leaving them unable to put a roof over the head of their child, then a Court would look less favorable on you. This is because in family law, where children are involved, the ‘best interests of the child’ is to be of paramount consideration at all times.

Unless it is unsafe, the law says that a child is entitled to have a relationship with both of their parents. If it could be perceived that you contributed to a situation where the other parent had nowhere to live or that the child then needed to be with you full-time because their other parent was effectively homeless, this would reflect well on your character and have a negative outcome for you in any parenting dispute that needs to be dealt with by the Court.

While this might feel like you have to give up the house you’ve worked so hard for and lose out, that doesn’t need to be the case. This may be temporary only, until such time that all decision making in relation to parenting arrangements and your finances is finalized.

While this is one of many scenarios that we see when people make decisions without legal advice, it highlights how some decisions can come back to bite you later on.

This is one of the many reasons why meeting with an experienced family lawyer, like those in our team, can be highly beneficial. After you answer our questions about your situation, we can talk you through your options. Then you can make a decision, confident that you are not jeopardizing your position or entitlements.

There are usually alternative ways to enable you and your ex to live separately while maintaining the best interests of your children. You need to ensure you are ticking the right boxes from a legal perspective as well. So, seeking some early advice from an experienced family lawyer is the best first step.

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