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What happens to the family home after separation?
The family home may be kept by one party, sold and the proceeds divided, or dealt with in another agreed way. The right option depends on your finances, mortgage position, children’s needs and the overall property settlement.
Can I stay in the home after separation?
In many cases, one person may continue living in the home after separation, especially where children are involved. However, this does not automatically determine who will keep the property in the final settlement.
Can my former partner sell the property without my consent?
This depends on how the property is owned and whether there are any court orders or caveats in place. If you are concerned that a property may be sold or transferred without your knowledge, you should seek legal advice quickly.
What if the property is only in one person’s name?
A property can still be considered part of the relationship asset pool even if it is registered in one person’s name. Contributions, mortgage payments, renovations and family needs may all be relevant.
What happens if we cannot agree on selling or keeping the property?
If an agreement cannot be reached, options may include negotiation, mediation or applying to the Court for property orders. The Court can make orders about whether a property is sold, transferred or retained by one party.