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Moving out of the family home – will I lose my rights?

Moving out of the family home – will I lose my rights?

We live in times where most families can’t afford the “luxury” of one party moving out of the family home into other accomodation pending a property settlement.

If you can’t tolerate living with your former partner anymore, you will probably choose to make the extra expense work and get your own place until a property settlement can be sorted out.

This is particularly so if there is domestic or family violence occurring in the family home.

Moving out does not affect your rights to a property settlement but it can affect the way the court weighs up each parties’ contributions in a property settlement.

Moving out may also mean that you don’t have control over what is going on at the family home, particularly if it needs to be sold and the other party isn’t keen or helpful in making this happen.

If there are children involved, they may be more or less excited about the prospect of moving to a different home and this is something you should take into account too when deciding whether to move out while awaiting a property settlement.

You should seek legal advice to discuss your unique situation before you call the removalists or sign a lease or contract for a new place.

Freedom Law are your Accredited Family Law Specialist team ready to solve your family law issues and concerns.

Contact us today for an obligation-free and cost-free assessment of your situation on 1300 365 108.

Sunshine Coast / Brisbane / Gold Coast

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