Legal Question in Family Law in Australia

Re: Marital property

There are a large number of considerations in relation to the property settlement itself. In relation to the narrow question of who should move out of the home, you both have a prima facie right to occupy any jointly owned property.

However, if there are issues of violence the violent party may be excluded.

Also, the Court has a power to grant any necessary injunctions in relation to children's care welfare and development. If one person can show that it will have a negative impact on the children (for example witnessing constant fighting, etc) then the other may be oredered to leave.