Assistance with divorce and housing rights


Questioner

My sister and her partner have decided to separate. The house is in both their names and they have a cohabitation contract. Because the atmosphere is not good and they also have a daughter who is in this situation, my sister wants to temporarily live somewhere else with her daughter, until the matters concerning the house and the divorce are settled. Does she lose the right to the house? Suppose she can bear the costs of the house and she can continue to live there after the divorce, does she lose this right if she leaves temporarily now? Can she take her child with her, or is that only possible in consultation with her partner?

Lawyer

By leaving the home with her daughter, your sister will not lose any rights. However, this could be disadvantageous in a discussion about who should be allocated the home in due course. Your sister will then be less able to argue that she is entitled to more of it for her daughter. She and her daughter may then already have other suitable accommodation. It is of course better to temporarily leave the home with the daughter in consultation with the father, but your sister would not be acting unlawfully if she and the daughter were to leave the home without consultation.

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