Does Moving Out Mean My Ex Will Keep the House?

Divorce and separation are already difficult periods of life, so having to worry about how you can best protect your assets is just another stress-inducing matter to think about. A common misconception is that the partner who stays in the house after separation has a better chance of keeping it when it comes time for a property division. This can lead to a ‘stand-off’, increasing conflict and making the situation more stressful for everyone involved.

Fortunately, moving out of the matrimonial home is not solely indicative of who receives the house in a property settlement. When the Court is tasked with making Orders with respect to a property division, it looks at (among other things) the contributions (financial and non-financial) made by each party to the relationship, as well as the future needs of each party, e.g. who is taking care of the children, is there an income earning disparity, etc.

If you decide to move out of the matrimonial home but continue to financially contribute to it then this is considered by the Court.

Alternatively, if you move out and do not continue to financially contribute to it, then the Court will assess your contributions to that property up until you moved out.

Every case is different; therefore it is always recommended that you obtain legal advice from an experienced Family Lawyer prior to making any big decisions (such as moving out).

If you have any questions about separation and your financial assets, please contact us on (02) 9688 6023.

This is not legal advice.