Family Home Usage

When a couple separates, the spouse who no longer resides in the family home, may feel he has the right to enter it at will to visit his children for example. This usually leads to tension between ex partners and causes confusion and uncertainty to everyone especially the children. More so, if they are too young to grasp the new situation and/or if they have not been explicitly told by their parents about the new reality. Very often, even the parents themselves are unsure of what they really want. In such cases family courts may issue, after an application of one of the spouses, an order giving the applicant spouse the exclusive right of use of the family home and prohibiting the other spouse to enter it. The order is issued without taking into account who is the legal owner; the primary consideration here is the best interest of the children.

A family home usage order is automatically cancelled as soon as the marriage is dissolved with the issue of divorce. The law assumes that such order is unnecessary after divorce. However, this is not always the case and ex couples may find themselves in procedures in District Courts where we assist clients solve the issues promptly and with minimal hassle. can help them solve the issues promptly and with minimal hassle. Our job is to advise and act decisively and promptly for the solution of any such dispute in favour of our clients.

The above information is not intended to be used as a legal opinion and are merely examples to aid the reader in better understanding their legal position. Please feel free to contact us today if you require legal advice for your specific situation.