I’m separating, can I keep the former matrimonial home?
The Family Court is often asked to determine who gets to keep the former matrimonial home.
The Family Court has considered this very issue. In a recent case the husband and the wife both sought orders to retain the former matrimonial home. The husband wished to retain the property having erected a headstone on the property where his parents were buried. The wife had remained in occupation of the home after separation and obtained a custody order for the two children . She successfully opposed the husbands application and the husband was ordered to dig up his parents ashes as they were not considered immovable fixtures and the sentimental value placed on the property by the husband was not sufficient for the Court to order that he should retain the home.
If you wish to retain the former matrimonial home or any asset as part of a property settlement the evidence to filed in support of such application must be very specific and carefully set out. Indeed, post separation conduct is also relevant as a party may receive a practical advantage if they remain in possession and control of the family home if that party wants to retain it at the conclusion of the dispute. If both parties wish to retain the former matrimonial home, the party that has remained in possession of the home may be more likely to be able to retain it.
Preference is also more likely to be given to the custodial parent – that is the parent with whom the children live with for the greater time.
These are general comments only as each case will turn on its particular facts. If you wish to seek further advice in relation to your prospects of retaining the former matrimonial home as part of a property settlement please do not hesitate to contact one of our lawyers at The Norton Law Group – specialist family and divorce lawyers – Sydney and Parramatta.
We specialise in all aspects of family law including property settlement disputes.