Level 5, 170 Queen Street, Melbourne, VIC, 3000
Phone: 03 8602 2000 Email: admin@schetzerconstantinou.com.au
FAQ: Separation
- Who has to leave the house and do I lose out if I leave?
- My partner says he/she is moving interstate or overseas with the children, what can I do?
- Do I have to pay the mortgage?
- Who gets the car?
- Can I change the locks?
No one has to leave the house. Often it is just emotionally and physically safer for both of you and for the children for one person to leave.
If you do leave the house without your children then you can face significant disadvantages.
If you move out:
- you will often be the one who needs to start the process to get your entitlements; and
- you may never get your fair share of the household contents unless you do this when you leave.
If you don't give permission and your partner moves then they can often be forced to move back.
Speak to us immediately as you must act quickly.
This is a matter for agreement until your property settlement.
Usually the person living in the house is seen as a tenant who should pay a fair rent for the house. A fair value is often represented by the amount of the mortgage repayments.
You usually keep the car you were driving when you separated and an adjustment will be made in the final property settlement for its value.
Both you and your partner have the right to live in the house.
If your personal safety or privacy are compromised, or if your partner has left , then you can change the locks.