Things can quickly get tense after separation, especially if you are both living in the same property. So it’s a good thing to know what your rights are regarding if you can stay in the home, whether or not your partner can force you to leave, and if you have to keep meeting the payments for the property.
Do I Have To Keep Maintaining The Property?
In general, the person who is living in the house is required to keep up with the mortgage payments, bills and rates. There are a few considerations that need to be made though before and if you decide to leave the house, such as the financial capabilities of the other party, and who is responsible for looking after any children. You should also consider the fact that if you make the decision to leave, and are no longer making contributions to the property, then there may be an application for spousal maintenance against you. Therefore, it’s always a good idea to get legal advice about this.
Can My Partner Force Me To Leave?
You cannot be forced to leave your home if there are no court orders. If police are called, they will assess the situation but if there are no concerns for safety or breach of orders, then police cannot force you to leave.
The only way that you can be forced to leave your home is by a court order for ‘exclusive occupancy’. Normally, these types of orders are made where there is a concern for safety, such as in situations involving domestic violence.
If you are both registered on the property, each person has the same rights to access the house. This means that if you, for example, change the locks, then the other party still has a right to access the house.