Stuck Under One Roof After Break Up or Divorce: What Are The Options?

🎧 Listen to This Episode If You… You’re separated but can’t afford to move out of the family home. You’re afraid leaving means you’ll lose your rights to the house. Your ex refuses to cooperate, acknowledge the separation, or leave. You’re experiencing coercive control or financial abuse after separation.

 

Episode Summary Separation is hard enough — but what happens when you and your ex are still living under the same roof? For many, moving out simply isn’t an option: finances are tight, safety is uncertain, and myths about “losing the house” keep people trapped in toxic or unsafe environments. In this episode, we break down the realities of separation under one roof — what the family court in Australia considers what risks and protections you need to know about, and what practical steps you can take if you’re stuck. From safety planning to financial concerns, we’ll tackle the most common fears people have when their ex refuses to leave or makes life impossible at home. We’ll also bust some of the biggest myths, including the idea that leaving the family home means you “lose it forever.” Spoiler: that’s not how property settlements work.

⚠️ Trigger Warning: This episode discusses family violence, coercive control, and situations that may feel unsafe.

📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. 

 

⏱ Episode Timeline – Separation Under One Roof

00:00 – Introduction: What to Do If You’re Still Living With Your Ex After Separation
00:43 – Common Concerns in Divorce: “I’m Stuck Under One Roof With My Ex”
02:36 – What Does Separation Under One Roof Mean in Family Law?
03:57 – Divorce Myths: Does Leaving the House Mean You Lose Property Rights?
05:22 – Financial Traps in Divorce: How to Afford Living Separately
11:53 – Sole Occupancy Orders Explained: Forcing an Ex to Leave the Family Home
14:06 – Divorce Conflict: How to Deal With an Uncooperative or Controlling Ex
19:31 – Domestic Violence & Divorce: Creating Safety Plans While Living Together
25:04 – Court Orders and Safety Concerns When Separated Under One Roof
25:52 – Property Settlements in Divorce: How Renovations and Contributions Are Treated
28:41 – Divorce Property Division: What Courts Think About Home Improvements
32:31 – Post-Separation Manipulation: Recognising Coercive Control Tactics
35:13 – Children and Divorce: How Living Arrangements Affect Custody Decisions
40:29 – Separation Under One Roof Checklist: Key Questions to Protect Yourself
46:35 – Final Tips: Legal Support and Resources Available

• 📥 Download the Separation Under One Roof Checklist – available free to newsletter subscribers.
  🚨 Support Services:
  
  

• 1800 RESPECT (Family Violence Support – Australia)

• Lifeline: 13 11 14 (Crisis Support – Australia)
  
  

• 🎧 Related Episodes:

  DAVIS http://classic.austlii.edu.au/au/cases/cth/FamCA/1982/73.html

  
  Factor 79(5)f https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html

• How to Prove Separation Under One Roof

https://open.spotify.com/episode/2IXSOZ8vVadbcrq10DuxG0

• Who Pays the Mortgage After Separation? https://open.spotify.com/episode/4wPpEArmCbxKGXL5Czgm48?si=R_ECqP68QHu8DpyoJK_23Q

• Separation Survival: Boundaries Under One Roof
  https://open.spotify.com/episode/57GwZsRSE1IO8WYfLuvMNH?si=jcHw01X7QiuWYIihmY1_jQ

📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.