Handy Hints (32) – What to do when your partner or spouse will not move out

22 April 2022


OSD Presents…Handy Hints (12)

If your partner or spouse will not move out of the home, and you cannot resolve this by way of dispute resolution, it is possible to seek an Order from the Court for occupation of the home to your partner or spouse’s exclusion.

The Court has the power to make such injunction as it considers proper and will balance all the relevant factors on a case by case basis.

Factors can include whether there are children of the relationship and where they are to live, the ability of each party to meet the costs of relocation, what alternatives are available, if a home office is being operated from the home, any hardship to be suffered, and, if relevant, conduct of the parties.

We’re Here to Help

Family law matters can be difficult and complex. If you require any assistance with a family law dispute, always contact a legal practitioner who will be able to help.

O’Sullivan Davies has practitioners experienced in dealing with all family law issues. More information about our services can be found at our About Us page here.


This article is not legal advice and the views and comments are of a general nature only. This article is not to be relied upon in substitution for detailed legal advice.

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