The law provides that married people have the right to reside in the matrimonial home regardless of ownership until there is consent or Court Order otherwise.
If you were to leave the home, you may be seen to have forfeited this right. If there are children involved, there may be significant consequences if you leave both with them and without them.
If you are in an abusive situation and are forced to leave because of this, you need to see a lawyer immediately after leaving to discuss your options as you may be able to have your spouse removed so that you can return to the home.
You can apply to the courts for exclusive possession of the matrimonial home which, if granted, allows you to stay in the home and requires your ex to live elsewhere.
