NSW Applying for Sole Occupancy Order in Family Court?

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Jemma

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27 December 2017
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I wish to apply for an exclusive occupancy order with the Family Court. I understand I need to complete the initiating application form, is this correct? What else do I attach to the application?

I would like to do as much as I can myself can someone help point me in the right direction? There is a current DVO in place and there is somewhere more reasonable for the other party to reside
 

sammy01

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27 September 2015
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If there is a DVO in place - doesn't it state that the ex isn't allowed near you? Or your residence?

So who is paying the rent / mortgage on the current residence?
 

Jemma

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27 December 2017
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Both paying the mortgage, however, I earn a good income to take on the payments if he leaves. The DVO is only if he is intoxicated he is not able to attend the property, which is most weekends. He has another place to go but won't move out.

I have exhausted most avenues. Sent letter commencing action he ignores and just won't go! Because he doesn't have to.
 

Rod

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27 May 2014
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What is the situation with the property? Is it rented or owned? Whose name is on lease/title?
 

sammy01

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Who is paying the mortgage? Who do you think is gonna pay it once you get a sole occupancy order?

Relationship is over? best bet? Agree to sell the joint, split any proceeds 50/50 and move on...Assuming no kids are involved...

The cost of getting a sole occupancy order ain't worth it... And he has just as much right to be there as you... So it might not succeed.
 

Rod

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Being joint tenants means he has a legal right to joint possession.

What are the orders on the DVO?

Property division through the Federal Circuit Court is the way to proceed. Prepare an affidavit, list all property you had at the start of the relationship, what you both have now, and ask for interim and final orders. DIY is not recommended but is possible. You need to do a lot of reading. Read the various fact sheets on the Family Court website as a starting point.

Consent orders are a good way to forward if your partner is semi-reasonable.
 

Jemma

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27 December 2017
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Won't agree to sell. Kids involved

who is paying the mortgage? Who do you think is gonna pay it once you get a sole occupancy order?

Relationship is over? best bet? agree to sell the joint, split any proceeds 50/50 and move on... Assuming no kids involved...

The cost of getting a sole occupancy order aint worth it... And he has just as much right to be there as you... So it might not succeed