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Often parties separate under the same roof and for many reasons neither party wishes or is able to leave the home. Often one or both of the parties find the position intolerable and often it is not in the best interest of any of the parties or the children. However, often the two parties maintain the position that neither will leave. It is difficult to obtain an appropriate order for one party to leave the home but it is available. Negotiation is also difficult.
Recently (2011) Watson & Watson obtained an order that the husband leave the former matrimonial home and continue to pay the mortgage and spousal maintenance for the wife with a young child.
Also recently Watson & Watson has negotiated successfully for one party to leave the former matrimonial home.
Also in another case Watson & Watson has successfully assisted one party in resisting an application that that party be removed from the home.
Just because the two parties do not get on or like the situation of being under the same roof (pending resolution of the final hearing) the Court will not order that one leave the matrimonial home and leave the other in the matrimonial home.
Often there are parameters that can be put in place which will assist in the negotiation especially where the person who leaves the home feels aggrieved financially and in relation to the time that they spend with their children.
Watson & Watson deals with each case on the merits as does the Court.
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