{"id":156,"date":"2021-03-18T14:46:30","date_gmt":"2021-03-18T03:46:30","guid":{"rendered":"https:\/\/www.blackwoodfamilylawyers.com.au\/insights\/?p=156"},"modified":"2026-03-16T16:21:48","modified_gmt":"2026-03-16T05:21:48","slug":"now-that-were-separated-who-stays-in-the-house","status":"publish","type":"post","link":"https:\/\/www.blackwoodfamilylawyers.com.au\/insights\/now-that-were-separated-who-stays-in-the-house\/","title":{"rendered":"Now that we\u2019re separated, who stays in the house?"},"content":{"rendered":"\n

By Caitlin Elliott<\/a><\/strong>, Special Counsel<\/strong>

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Separated couples can usually come to an agreement about who stays in the family home and who moves out. Those who can\u2019t come to an agreement can ask the family law courts (the Federal Circuit Court of Australia or the Family Court of Australia) to determine the dispute.

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The court can make an order giving one person sole use and occupation of the family home. It can also grant an injunction restraining the other person from entering or remaining in the family home. The court makes these types of orders cautiously and rarely, given the seriousness of ejecting someone from their home.  

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When deciding if an order for sole use and occupation should be made, the court must be satisfied that it is not reasonable, sensible or practical for the couple to remain living in the home together. It is not necessary for one party to show that it is impossible or intolerable for them to remain living together, or that one party has engaged in conduct justifying exclusion from the home.

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The following are some of the factors considered by the court when deciding whether to make an order for sole use and occupation:<\/p>\n\n\n\n