WhatsApp EtienneWhen a relationship breaks down, the question of who stays in the home can become urgent. There may be children to consider, a bond or rent to pay and concerns about access or safety.
Who stays in the home?
The answer is not always determined by whose name appears on the title deed or lease. Etienne considers the rights of the people involved and how the occupation dispute connects to the wider separation or divorce.
In some matters, an agreement can regulate occupation, access and household expenses while the remaining issues are resolved. In others, an interim court order or urgent application may be needed.
Understand what you are agreeing to.
A contract should record what the parties intend and explain what happens if things do not go as planned. It should be clear about the work or transaction, the payment and each party’s responsibilities.
Etienne drafts agreements for your circumstances and reviews contracts presented to you before signing. He explains the terms, identifies concerns and advises on changes that may be needed.
Where a proposed settlement affects the home, the practical details matter: access, payment dates, household expenses and continuing obligations.
A resolution that works in practice.
Etienne reviews the agreement and the evidence of what has happened, then advises on the legal options and the practical value of pursuing them. Where agreement is possible, he helps record the terms clearly. Where court proceedings are necessary, he takes carriage of the case.
This service concerns occupation and related contractual disputes. The practice does not undertake conveyancing or property transfers.
When safety is a concern
Where domestic violence is involved, a protection order may provide appropriate relief. That remedy must be considered on its own facts and legal requirements; it is not a routine substitute for resolving a property dispute.
An online enquiry is not an emergency service. Make any immediate safety concern clear when requesting assistance.
Questions before we speak.
Does the title deed decide who may stay in the home?
The answer is not always determined by whose name appears on the title deed or lease. The rights of the people involved and the wider circumstances need to be considered.
Can Etienne review a proposed agreement?
Yes. Send the draft and explain what you intend it to achieve. Etienne can assess the obligations, identify concerns and advise on changes before you sign.