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ACT De Facto Relationship - How to Get Ex to Move Out?

Discussion in 'Family Law Forum' started by helenjena, 10 March 2015.

  1. helenjena

    helenjena New Member

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    What steps can I take to get my ex-partner ( de facto) to move out of my home. Unfortunately, the police will not remove him as he has lived there for more than 2 years and thus has the equivalent of 'husband' status.

    I have a 16 year old son at home and we have both had enough of him and his verbal aggression, hostility. Fortunately, he is not physically aggressive although that would make it simpler in terms of getting grid of him. He doesn't pay rent and has no legal ownership of the house. I pay the mortgage.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Helenjena,

    Under Australian family law, both partners to a relationship are entitled to live in the family home, no matter who owns the house. You cannot legally force your spouse to leave except by court order. It is possible to obtain an occupancy order which allows you to have sole occupancy of the family home, under section 114 of the Family Law Act, however this will only be granted in circumstances where for example there are allegations of violence etc. When determining whether or not to make such an order the court will consider the well being of children, hardship to either partner, and the resources of either partner.

    You could change the locks, but it would not be against the law for your ex to break into the house, since he is entitled to live there.

    Your alternatives are moving out yourself, or going to mediation to try to agree on living arrangements and property settlement.
     
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