It may be that the other person has a “equitable right” to that property as well but will require a Court declaration or Court order permitting either exclusive occupancy (to the exclusion of the other) or alternatively occupation or exclusive occupation of that site.
The Family Courts do entertain urgent applications in circumstances of crisis and arbitrary and unilateral actions by spouses in these circumstances. Please see factors identified above for consideration the Courts will make in deciding these matters.
- The separation is clearly accepted by both parties.
- Another residence for the departing partner is fully establish, and
- All the possession of the departing partner has been removed from the joint residence.