Keeping the Family Home after Separation?

[Jcav67]

I am living with my intellectually impaired daughter in the family home my ex moved out (separation). I can't borrow the money to pay her out. Is there a chance I can keep the house without paying her out? Is there such a thing as compassionate reason for keeping the house under family law? My health has suffered through this whole thing and is making it hard for me to work. My ex and her new partner are working out west and making good money.

Regards.

 

[rebeccag]

G'day John,
It was noted in another LawAnswers Family Law Forum post that someone can't be forced out of the family home if the home is in joint names and it seems that you can continue to stay in the family home with your daughter until there is a property settlement.

Have you and your ex been separated for the 12-month separation period required before you can get divorced? Your ex may want to apply for a divorce after you’ve been separated 12 months and get a property settlement. You might like to look at the Family Law Courts site which has some good information about property and money matters after separation and divorce. I hope you and your ex can come to a fair agreement, taking into account your different financial positions and that you're caring for your daughter in the family home.