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Who gets to keep the house in divorce?

During your separation or divorce a lot of issues will need to be resolved and one of the most important issues may be who keeps the house in divorce, this may also be the one major asset of your relationship and you and your former partner will have a lot of emotions attached to your home, so how do you decide whether to keep he house?

The first thing you need to know, is that if you and your former partner cannot compromise and agree as to who gets to keep the house in your divorce, then a Judge in either the Federal Circuit or Family Court of Australia will make the decision.

If you want to keep the house in divorce make sure that you have good reasons for doing so. Good reasons include being able to afford the house,  you do not want to disturb the children or relocate them to another location or school.

There are benefits to keeping the house in divorce, which include that no stamp duty is payable and you do not need to pay the costs of real estate agents to sell the home.  The other benefits of course involve maintaining stability and a sense of normality for your children, especially if they are young or finalizing their final years at high school.

If you want to keep the house but know you can’t afford it, you may have other options. You can do is discuss with your former partner options for staying in the home, whilst your circumstances settle or the children are ready to move or you have had a chance to find suitable accommodation. Sometimes, speaking with your former partner about these arrangements  is not easy. If you feel  uncomfortable or don’t know how to bring up the topic there are several ways that this can be approached.  One of the best ways is through a lawyer-assisted mediation. At this mediation, you and your former partner will be supported and have your lawyers present and available for legal advice, a qualified family law mediator will also be present, they will facilitate the mediation and assist you and your former partner to have open communication and to discuss who will keep  the house in divorce.

For more information, contact us today.

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