Tag: matrimonial home

The concept of exclusive occupation of the matrimonial home often arises in the context of disputes following the breakdown of a marriage. In a recent Family Court decision, the Court examined the principles guiding applications for one party to have exclusive possession of the former matrimonial residence. The power to grant such an injunction is derived from section 114 of the Family Law Act 1975 (Cth), which provides the Court with discretionary authority to make orders it considers "proper." [caption...

Matrimonial Home Principles which are Applicable to Sole Use and Occupation The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there are no words...

A common question asked in Family Law is who is legally entitled to the matrimonial home during separation?  It is not as simple as one party kicking the other party out of the home. What be done if the property is in your name or What if the property is owned by both parties?  Property which is part of a Family law dispute has different rules to commercial and property law. Family Law the possession and ownership do not have...