Lawyer in Sydney, including northern beaches, can assist you in obtaining an Order from the Family Court to have your ex-partner leave the family home.

Q. Can I obtain an Order from the Family Court for my ex-partner to leave the family home?

A. Yes. The Court has the power to order an ex-partner to leave the family home or order one of the partners to resuming living in the family home without the other partner living there. It is called an exclusive occupancy order.

In one recent case, the wife and children left the marital home and moved in with her parents in their rented unit which was said to have been in poor repair and unsuitable accommodation for the children and the wife. The wife it was said was sleeping on a mattress on the floor with one of the children. Later on, bigger and more appropriate accommodation was arranged for the wife, children and her parents although the wife maintained that it was not large enough for all of them. The wife and her parents had received a notice to vacate that accommodation because the property had been sold.

The Wife sought an order for exclusive occupancy of the home.

Meanwhile, the husband entered into an agreement to lease the marital home between himself as landlord and a third person. The husband said that he had to lease the home because of his financial circumstances.

The judge set aside the lease as between the husband and the third person, ordered that the husband indemnify the third person in relation to her reasonable relocation expenses and other expenses referrable to the setting aside of the lease and ordered that the wife have sole use and occupation of the property, that the husband pay all necessary outgoings on the property and return the contents to the house.

The decision is subject to appeal.

If you need legal advice on your options relating to the family law or other property and parenting issues, contact Kathy Chase on (02) 9918 6565 or 0418 285 307 or send her an email at: info@pittwaterfamilylawyers.com.au Or pittwaterfamilylawyers@gmail.com. http://www.pittwaterfamilylawyers

Kathy Chase of Pittwater Family Lawyers deals with all property and parenting matters for clients in all Sydney regions.