NSW Mortgage and Rent After Separation?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


New Member
31 March 2020
What are my mortgage/rent obligations after separation?

I am separated with 2 kids who I mind equally. My ex moved out into rental accommodation almost a year ago and since then I have been paying half my ex’s rent and half the mortgage on the house. I have been trying to sell the place as part of the settlement but my ex has been extremely obstructive and it’s been dragging on for over 6 months and likely going to court now.

The house is in the middle of nowhere and I have no friends or family nearby - I desperately want to move into a new place closer to civilisation. What are my obligations if I keep up my share of mortgage payments and just move out? I.e. do I legally have to still pay half of her rent if I rent somewhere else myself or can I just keep up my share of mortgage repayments?