Legal Question in Family Law in Australia
Separation
What happens when he wont leave the family home so I have to move out with 2 children? We cant live together. Do I give up my right to be entitled to any part of the house or furnishings? We are still paying off the car as well, who is responsible for this it is in his name but I am the driver?
1 Answer from Attorneys
Re: Separation
Assuming you are married - no you dont give up your right to the house, contents etc by moving out. However in practical terms it may be difficult for you to get personal items or chattels once you have moved out. This is why people often take when they leave those things that they will need. If he is earning an income and you arent then he will have to keep up the car payments. However, it might be worth contacting someone and talking about an application to obtain exclusive use of the house. Call me if you wish - 07 3229 3339. Greg Shoebridge