Part II – Do I Stay Or Do I Go?

November 20, 2011
Leisha Murphy

This blog post is Part II to my last post: Do I stay or Do I go: Who Should Occupy the Family Residence After Separation. In this post I will be addressing the remaining categories of who should occupy the family home upon separation, namely:

2) One party leaves based on emotion – often guilt or anger.  Usually this couple will not have children, or the children will be adults.

3) The parent who primarily cares for the children stays, and the other parent finds rental accommodation until the couple figures out what they are going to do with the family residence (i.e. sell the property or one party buys the other party’s interest in the property).

4) The primary caregiver of the children decides to leave because s/he feels there is a threat to their safety or the child’s safety (usually there is some history of abuse in this scenario).

Category 2: One Person Stays and the Other Goes – No kids

If you are the person who stays, you may want to consider the following:

If you are the spouse who left, you may want to consider:

Category 3 and 4: One Person Stays the Other Goes – Kids

If you are occupying the family residence with the kids, you may want to consider:

If you leave the home, but your spouse remains in the home with the children, you should consider:

If you leave the home with the Children, you may to consider the following:

Leisha Murphy
Leisha Murphy
Partner (Vancouver)
Connect Family Law

Leisha has practised exclusively in the area of family law since being called to the British Columbia Bar in 2010. Before opening Connect Family Law in 2015, she practiced in the family law group of a leading British Columbia law firm.