Many people worry that leaving the family home means giving up their rights to it. In Australia, this isn’t the case.

• Property rights remain the same: Moving out doesn’t mean you lose ownership or your entitlement to a share of the property in a settlement.
• Occupation and access: Even if you leave, you may still have rights to enter the property (for example, to collect belongings), but it’s best to make arrangements in writing to avoid disputes.
• Exclusive occupation orders: If there is family violence or serious conflict, the court can make an order giving one party sole right to live in the home.

If your decision to move out relates to family violence or feeling unsafe, your safety should come first.

• Police and protection orders: You may be able to apply for a Domestic Violence Order (DVO) to prevent the other party from harming or harassing you.
• Safe accommodation: Consider staying with trusted family or friends, or explore options for emergency accommodation if needed.

Before leaving, it’s wise to gather and secure copies of important documents, including:

• Passports and birth certificates (for yourself and children)
• Bank and superannuation statements
• Property deeds, mortgage documents, or lease agreements
• Tax records and payslips
• Medical and school records

Having these on hand will make future legal and financial processes smoother.

If children are involved, the court will always prioritise their best interests. Stability, safety, and schooling may all factor into whether one parent remains in the home with them.

Moving out of the family home is a big step, both emotionally and legally. Remember that leaving doesn’t mean giving up your rights to the property, but it’s important to plan carefully. Protect your safety, secure key documents, and seek legal advice early so you can move forward with confidence.