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We’ve separated. Who has to move out?

There is no set rule as to who has to move out of the house once a couple separates, especially if the house is jointly owned. Often this can be mutually decided by both parties and is usually influenced by factors such as if there are any children living in the house, who the primary caregiver of the children is and the reason for separation.

Separation does not necessarily mean one party must move out, and sometimes if neither party wishes to leave, both parties may remain in the property until the property settlement. In the event of a intervention order being issued, sometimes the Court can order the sole use or occupation of the family home, however this extremely rare.
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