SA Family Law and Property Settlement - Who Moves Out of House?

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21 November 2015
I have a dilemma.

I own a house 50% in my name and 50% in my father's name. I live here with my wife and 2 children. We are currently separated. I have asked her to move out of the home, either with the kids or without, which she refuses to do and, in fact, tells me that I have to move out of the home as she needs to stay here with the kids. She does not want to reconcile. we are currently working through a property settlement which is taking some time

This is creating some stress and arguments, what are my rights under Family Law and what should I do?


Ultimately this will be a matter that will be resolved once you have completed property settlement. I don't know how you are going about this - negotiating through lawyers or applying to the court to divide your assets? Until that time, it is possible to obtain a sole occupancy order. However, these are generally only available in circumstances of domestic violence, etc., where one party requires protection and cannot afford to obtain alternate accommodation.