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Who Stays in Matrimonial Home After Separation

The factors that the Court will take into consideration when determining whether it is proper that one party should have sole occupancy of the matrimonial home after separation, pending the hearing, include:

  1. the financial means of the parties and their financial needs;
  2. the needs of any children;
  3. hardship that may be caused to any children or either party;
  4. any relevant conduct of either party which may justify that party being expelled from the home.


An Order for sole occupancy is not easily nor automatically obtained. The Court is aware that a party could use sole occupancy as a tactical weapon in ongoing matrimonial conflict.


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