There are so many reasons why both parties wish to stay at their family home after their divorce. It may be because one feels he or she has the greater right to stay in the house because he/she has the primary care of the children. Perhaps, one has a greater financial share to the house or simply one may have nowhere else to go due to financial restraints.
It does not matter whose name is on the title, both parties are legally entitled to stay in the family house for whatever the reason is in the event of a divorce.
You cannot lose your right to a share of a house or property even if you leave it, however, you can legally protect your interest in the house or property even if your name is not on the title by having a caveat on the property, which formally registers your interest on it.
Forced removal (can be enforced by the police) from the house or property by the mere demand of the ex-partner cannot be done unless there are safety concerns or there has been a court order.
It would not be advisable to put a lock on the house or property since it would just increase the animosity between both parties and would definitely create a poor reflection between them in the court of family law once legal proceedings have taken place.
If the house or property is technically owned by one party, then that party has the right to change or put a lock on it but if it is jointly-owned then both parties have the right to change the lock.
If it is leased, then the parties should consult with the landlord about changing the locks before doing so. It is then justifiable for one party to change the lock even if he/she is not the legal owner as long as the other party has moved out and has gathered all their belongings. The remaining party, obviously, is entitled to enjoy tranquillity in that house.
In circumstances that involve threats, domestic violence and safety concerns for the other party or their children or if the children are exposed to their parents fighting, then one would need to obtain an “exclusive occupancy order” from the Magistrates' Court or the family court to legally force your partner out of the house.
If there are current Court proceedings on foot, you may be bound by current Court Orders and/or the Family Law Act 1975. Generally speaking, you may have good cause or concern about you and your children’s safety, and in circumstances where your safety or your children’s safety are in question, you should seek the help of the police if your situation is urgent. In other circumstances, where you wish to relocate with your children, you should speak with a lawyer first to understand your rights and the potential consequences of relocating before doing so. When considering relocation, it is always important to think about how the children will have meaningful time with the other parent and what co-parenting arrangements can be put in place to ensure the best outcome for the family.
My Legal Crunch Family Lawyers in Geelong can help in assisting you to get the other parent’s agreement if ever you are afraid and concern for your and your kid’s safety or if you need advice on living under the same roof during and after a divorce.
Please feel free to book a consultation with My Legal Crunch at https://www.mylegalcrunch.com/, send us a message at info@mylegalcrunch.com or call our toll-free number at 1800 572 417.