The power of the Court to make an order for sole use and occupancy derives from s 114 of the Family Law Act. A separation lawyer can assist you to put forward or defend this application that would allow a party to live in the property to the exclusion of the other party.
In the case of Belcher & Gardener  FamCA 205 (5 April 2019) the husband brought an application for sole use and occupancy for the holiday home (“the holiday house”) that was registered in the wife’s sole name.
The husband and wife were married for 24 years when they separated in July 2018. The parties had four children, two of whom remain living with the wife in the former matrimonial home. The husband vacated the former matrimonial home and was renting a one-bedroom apartment with his cousin.
The separation lawyer for the wife estimated that the total property pool of the parties was in the vicinity of $20 million. The holiday house had an estimated value of $3.5million. While the wife was currently unemployed, the husband was a director of a consultancy company. The wife estimated the husband’s earnings to be about $750,000 per annum. Notwithstanding it was his application, the husband did not reveal the sources of his income or assets and therefore his version of events was incomplete.