If you have just separated from your partner, you might be wondering what happens next. For example, how do you decide who gets to stay in the house? What do you do with all of your belongings?
Some couples decide to separate but remain under one roof. For example, a couple may live together but no longer act as though they are in a genuine domestic relationship (i.e. you might sleep in separate rooms and stop socialising as a couple). Couples may decide to remain under one roof due to a number of factors, such as their financial circumstances or to provide stability for the children. The arrangements may be temporary or they may last years.
If you are not comfortable remaining separated under one roof, you will likely need to have a discussion with your partner about who will remain in the property. This decision may be impacted by multiple factors including:
Whether there are children and who is the primary carer of those children;
Who is on the lease if it is a rental property;
Who is on the title of the property if you are owner occupiers;
Whether either of you can meet the outgoings for the property;
Whether either of you are able to obtain suitable accommodation elsewhere; and
Whether there are any safety considerations.
It is important to discuss and establish boundaries around each of you accessing the property and for what purpose.
In the event you do not agree about who remains living in the property, you can also make an application to the Court to determine who will have sole occupation of the property and who shall meet the outgoings in relation to that property. See the following blog post for more information about what a Court considers in an application for sole occupation: https://www.rmfamilylaw.com.au/blog-edit/2023/10/20/sole-occupation-who-gets-to-stay-in-the-house-after-separation)
If you remain in the property, you will also need to think about how to divide the household contents. You may not agree about how to divide big ticket items, such as whitegoods, furniture and valuable artwork. It is useful to keep track of how you divide your household contents, particularly if you have valuable assets as this will generally form part of your property settlement.
It is generally reasonable to allow the other party to collect their belongings and in particular, items which are not in dispute such as personal documentation, clothing and personal effects. If you are concerned about your former partner collecting their belongings, you can seek advice on establishing a process for them to collect their belongings. For example, a lawyer can advise on safety measures to employ to ensure there is no conflict when they collect their personal effects.
As with anyone moving house, you should also think about whether you need to redirect your mail, update any account details (for example, your electricity and gas) and make sure your home insurance is up to date.
If you would like to discuss your accommodation options in the context of a separation, or if you would like to understand your rights and obligations when it comes to the division of your household contents, you can book an initial appointment with one of our specialist family lawyers by contacting us on (02) 6225 7040, by email at info@rmfamilylaw.com.au or get started now online to obtain advice.
Author: Anika Buckley