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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22171
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I want a separation. I want my husband to move out as he is

Customer Question

I want a separation. I want my husband to move out as he is more financial, has family locally, I am awaiting medicinal biopsies, have one son at home with mental illness etc. I have been told to get lost. Can I insist he move out or is it my responsibility to move?
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.
You do not have an automatic right to occupancy of the family home unless there are circumstances such as domestic violence. If you cannot agree on who must leave the family home, then this can get difficult, although you can apply for occupancy through the family Court. However sole occupancy by one party is generally reserved for issues of domestic violence. If you cannot agree on who is to stay in the family home, then that home will need to be sold.You have not advised any details about the family circumstances, but neither of you has the automatic right to stay on. However if you have a child who is more dependent on you, you could make an application for sole occupancy, although the judge may well say that the property has to be sold.

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