FAMILY LAW ACT 1996

This sets out the rights concerning the matrimonial home whereby one spouse has no estate.

One spouse is entitled to occupy a dwelling house by virtue of a beneficial estate or interest or contract and the other spouse is not so entitled. The spouse not so entitled has the following rights as the matrimonial home rights. If in occupation, there is a right not to be evicted or excluded from the dwelling house or any part of it by the other spouse except by leave of the court, and if not in occupation a right with the leave of the court so given to enter into and occupy the dwelling house.