When a relationship ends and the prospect of dividing assets arises, one of the most significant decisions individuals face is whether to stay in the matrimonial property or leave. This decision carries emotional, financial, and legal implications that can shape the course of post-separation life. The choice between staying or leaving the matrimonial property is complex and deeply personal, involving a careful consideration of various factors.
- Attachment and Memories: Staying in the matrimonial property may hold sentimental value, especially if it’s a family home with cherished memories. However, it can also be a constant reminder of the past and hinder the emotional healing process.
- New Beginnings: Leaving the property can symbolise a fresh start and the opportunity to create new memories in a different environment. It may help individuals move forward emotionally and let go of the past.
- Maintenance Costs: Staying may entail ongoing maintenance costs, property taxes, and mortgage payments. Leaving might free individuals from these financial obligations and provide greater flexibility, however, obligations to contribute to the costs of the property may arise in particular circumstances.
- Parenting Arrangements: If children are involved, the proximity to schools, community, and the other parent’s residence could play a role in the decision. Staying might offer continuity, while leaving might facilitate shared parenting arrangements.
- Living Arrangements: Leaving the matrimonial property necessitates finding alternative housing, which may involve renting, purchasing, or moving in with family. These arrangements require careful planning. If you leave and rent another property, you do not have to contribute to the payment of the mortgage on the matrimonial property.
Communication and Negotiation
To make an informed decision, communication is vital. Open and honest discussions between parties can lead to a mutually agreeable arrangement. Seeking legal advice early in the process helps individuals understand their rights, obligations, and potential outcomes based on the choice to stay or leave.
Conclusion
Deciding whether to stay or leave the matrimonial property is a multifaceted choice that involves emotional, financial, and legal considerations. There is no one-size-fits-all answer, and each situation is unique. The decision requires careful reflection, open communication, and a willingness to collaborate with legal professionals. Ultimately, individuals must weigh the benefits of staying rooted in familiar surroundings against the possibilities that a fresh start can offer, all while navigating the intricate landscape of family law.
If you would like some advice regarding whether you should stay or go, make an appointment with our Family Law Partner, Nicci Bilinsky on (03) 9481 2000 or info@tauruslawyers.com.au.