Will I Lose My Rights If I Leave The House?

When we meet clients for the first time, we often get asked “Will I lose my rights if I leave the family home?”

When married or de-facto couples separate, one of them often chooses to leave the family home. This is because they may feel more comfortable to live elsewhere or the couple agrees that they cannot reside under the same roof, and one of them must leave.

On some occasions, couples may remain living under the same roof, because one or both of them are fearful to leave first. This is because they are worried that if they do leave first, they may be walking away from their assets.

But there is no need to worry. If you leave the family home, you will not lose your rights to the house or to your things.  

Ultimately, who keeps the family home depends on your total asset pool, the contributions you have both made and your future needs.  One of our experienced family lawyers can help you with this process.

However, if one of you decides to leave the family home first, it is a good first step to consider who can continue to pay the mortgage and household bills. In some cases, there are options that can be explored to place a pause on the mortgage repayments, agree to equally pay the costs regardless of who is primarily living in the family home or not, or negotiate for the costs to be paid by whom can afford it. In some cases, the family home may need to be sold.

At the end of the day, it is up to you and partner as to whether you chose to remain separated under the same roof or put some space between you.

Our family law team, comprising some Law Institute of Victoria Accredited Family Law specialists, are experts in divorce proceedings. For further information or legal advice tailored to your situation, please contact the Family Law team on (03) 9739 7377.