Can I stay in our family home after separating?

Both partners generally have equal rights to the family home as relationship property, so your ex cannot simply force you out or sell it on their own if the property is jointly owned or you have a registered interest. Under the Property (Relationships) Act 1976, you can apply to the Family Court for an order to occupy the family home, for example for the benefit of the children, which can be for a limited period and can include conditions such as paying a share of the outgoings. Either party can also apply for the sale of the home, and the court will consider the circumstances and possible alternatives, like one party buying out the other. Seek legal advice on protecting your interest by lodging a caveat or notice of claim on the title.