Stuck Under One Roof: What to Do When You Can’t Leave After Separation
⚠️ Disclaimer: This blog is for general information and education only. It is not legal advice. Please seek independent advice from a qualified family lawyer or professional for your specific situation.
Ending a relationship is already tough—but what happens when you and your ex are still living under the same roof?
Maybe they refuse to leave. Maybe you can’t afford to move out. Maybe you’re worried that if you leave, you’ll lose your claim to the house. Or perhaps your ex is pretending the divorce isn’t happening, making life tense and unbearable.
If this sounds like you, you’re not alone—and you do have options. In this episode of The Divorce Course Podcast, we explore the legal, financial, and emotional realities of separating while still living together.
Why Do People Stay Under One Roof After Separation?
Many separated couples find themselves stuck in this situation because:
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They can’t afford two households until the property is divided.
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One party refuses to move out.
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There are children, and stability is important.
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There’s fear around losing the house or financial security.
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Domestic violence or coercive control is making leaving dangerous.
Legal Myths You Might Have Heard
One of the most common fears is: “If I leave, I’ll lose the house.” This is not how Australian family law works. Courts look at contributions (both financial and non-financial), parenting responsibilities, and future needs. Leaving the property does not mean giving up your rights to it.
What the Law Says: Options to Consider
If staying under the same roof becomes unsafe or unbearable, you might explore:
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Sole Occupancy Orders – where the court orders one party to leave.
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Property Settlement Applications – starting the process to divide assets.
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Safety Plans – if there’s family violence, getting urgent protection.
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Evidence of Separation Under One Roof – documenting how you’ve separated even though you’re still living together.
Financial and Emotional Traps to Avoid
Staying in the same house can create traps:
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One person continuing to pay for everything.
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Renovations or spending that complicates contributions.
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Emotional manipulation, guilt-tripping, or denial.
We discuss how to protect yourself—legally and financially—while keeping the children’s best interests at the forefront.
Key Takeaways from This Episode
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You can separate under one roof legally.
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Leaving usually does not mean losing your claim to the house.
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Financial and parenting contributions still count.
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Sole occupancy orders and ouster orders and other legal remedies exist if things get unsafe.
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Planning and documenting your separation is crucial.
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Your safety and your children’s well-being must come first.
🎧 Listen Now
If you’re stuck under one roof with your ex and don’t know what to do, this episode is for you.
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