Keeping the Family Home Pending Property Settlement

Posted on Sep 27, 2016 by Rebecca Furner   |   Categories: Family Law

If your property settlement is not currently before the Courts, solicitors can assist you in negotiations to obtain an agreement that you have sole and exclusive occupancy of the former matrimonial home until the property settlement between you and your ex is finally resolved.

We recommend that you and your ex each engage a family law solicitor and commence the process of arranging a solicitor assisted mediation.

This process can take some time so decisions will need to be made about which of you will reside in the family home and what contributions each of you will make to the mortgage, rates, insurances and utilities. It is important that you obtain financial advice and speak with your mortgage lender to protect your financial standing and credit rating during the family law negotiation process.

If negotiations break down and an agreement cannot be reached, it may be necessary to commence court proceedings. This may be particularly important if you vacated the family home directly after separation, your interim accommodation has fallen through and your ex won’t let you move back in.

When applying to the Family Law Courts for an Order that you have sole and exclusive occupancy of the family home on an interim basis (pending final settlement), the Court will have regard to:

  1. Whether you and your ex can reside together, separated under the one roof;
  2. The means and needs of the parties, including income, alternate accommodation and the like;
  3. The needs of the children of the marriage;
  4. The hardship or injustice that each of the parties would face; and
  5. Conduct of the parties, including family violence.