NSW Applying for Sole Occupancy Order in Family Court?

[sammy01]

So why don't you move out?

Have you attempted mediation? Look if the relationship is overm then it needs dealing with. Sure you'd like to stay in the house... And if you didm would you be prepared to cover the whole mortgage on your own?

You might be better off moving into a rental, just to start moving on...

 

[Jemma]

It may be the only way as he won't be financial without my contribution to maintain the mortgage.

I can cover on my income. The only reason as son has severe asthma and was trying not to uproot him from the house

so why don't you move out?
have you attempted mediation. Look if the relationship is over then it needs dealing with. Sure you'd like to stay in the house ... And if you did would you be prepared to cover the whole mortgage on your own?

You might be better off moving into a rental, just to start moving on...

 

[AllForHer]

Wait, so where are you living at the moment? Where is he living at the moment?

 

[Jemma]

Wait, so where are you living at the moment? Where is he living at the moment?

All in the house, that's why I wanted to seek sole occupancy to save uprooting sick son and if he has alternate living why, he just can't do that. However he won't leave, won't sell and won't respond to letters and without me commencing application which he ignores. I see this as my only alternative?

 

[AllForHer]

Yeah, okay, so...orders for sole occupancy are usually only made as interim orders while a property settlement is sorted out, so you may as well seek the property settlement concurrent with the order for sole occupancy.

You need legal advice, but the basic rundown is that you file an initiating application for property settlement along with a supporting affidavit. Tick the box for interim orders and seek interim orders that you have sole occupancy and exclusive use of the marital property until further orders are made.

What are the terms of the DVO? Just good behaviour, or does he have to keep his physical distance as well?

 

[Jemma]

Fabulous thank you!

Yeah, okay, so...orders for sole occupancy are usually only made as interim orders while a property settlement is sorted out, so you may as well seek the property settlement concurrent with the order for sole occupancy.

You need legal advice, but the basic rundown is that you file an initiating application for property settlement along with a supporting affidavit. Tick the box for interim orders and seek interim orders that you have sole occupancy and exclusive use of the marital property until further orders are made.

What are the terms of the DVO? Just good behaviour, or does he have to keep his physical distance as well?

 

[Rod]

Keep in mind that just because you ask, you don't necessarily get what you ask for.

 

[sammy01]

Yup - and the sick kid argument isn't a great one... What, are you telling me that your house is the only one in the region that is safe for his condition?

By the sounds of things you're not gonna get any agreement outa him without a fight, so might as well apply to court for the whole lot including child access. I'm assuming you have tried mediation?

 

[Jemma]

I'll start the process on mediation and draft some consent orders. I wasn't going to rely on the sick kid argument

 

[sammy01]

Problem... Any consent orders that include assets requires both parties to get independent legal advice. So does he accept the relationship is over? If things are close to amicable your best bet is to see if you can just get an agreement out of him. So for example, agree to sell the house, split assets this way or that and when the house sells you both move on...

You can do consent orders for the kids without legal advice... Or you can just agree.... Best case scenario is achievable if both parties want it and that is moving on without the court or solicitors... Even the divorce can be done without ever walking into a court room..

But getting sole occupancy I think is fraught with problems... If you want to stay in the house and buy him out then solicitors will be required and he will need to agree...