Navigating the Family Home in Separation

Are you about to separate and have absolutely no idea what happens to the house? Do you keep it? Do you sell it? Do you have to be the one who leaves? And what happens to the mortgage? 🎧 Listen to this episode if… - You don't know whether you can keep the house or have to sell it, The mortgage is in both names and you're panicking about who pays it, You've been told that if you move out, you lose your claim to the house, Your ex is stalling, sabotaging the sale, or refusing to sign anything, You want to keep the kids in the same home and the same school, You're heading into mediation and need to know your options ⚠️ not legal advice. This reflects Australian family law and may not apply to your situation. Always get independent legal advice. Discussions of financial and economic abuse. If you're in danger, call 000. Support: 1800 RESPECT 1800 737 732. 00:00 – What Happens to the House When You Separate? 01:10 – Net Equity Explained: What the House Is Really Worth 02:05 – No Special Rule Book, With One Exception: Housing the Children 03:45 – Does Someone Have to Move Out to Be Separated? 05:05 – Myth Busted: Moving Out Doesn't Lose You the House 06:20 – When Your Ex Runs the House Down Before the Valuation 07:10 – Who Pays the Mortgage? Spousal Maintenance Explained 09:30 – Financial Abuse and Section 4AB of the Family Law Act 09:55 – Do You Have to Sell the House If You Separate? 10:45 – Working Out What the House Is Actually Worth 12:10 – How Assets Get Balanced: The Caravan Example 13:15 – Your Options: Keep It, Sell It, or Hold It Jointly 14:35 – Falling Prices, Negative Equity and Bidding at Auction 16:50 – Keeping the House: The Step-by-Step Process 17:20 – Why the Order Comes First: The Stamp Duty Exemption 19:20 – How to Work Out the Buyout Figure 21:30 – Can You Actually Afford It? See a Mortgage Broker 23:15 – Why Every Consent Order Needs a Backup Plan 24:50 – Kids and the House: Does It Give You an Edge? 26:20 – Expensive Suburbs, School Catchments and Staying Put 28:35 – The Tarzan Principle: Getting to the Next House 31:40 – Should You Buy a New House Before Settlement? 34:20 – Selling Together When You Can Barely Speak 35:25 – Staging, "Sold As Is" and Missing Kitchens 38:10 – Choosing a Real Estate Agent You Both Agree On 39:25 – Court Orders to Sell and Holding Funds in Trust 42:25 – When Your Ex Sabotages the Sale 47:40 – The High-Conflict Ex and the House 49:15 – The Avoidant Ex and Avoidant-Proof Orders 51:20 – The Manipulative Ex and Delay Tactics 52:50 – Amicable? Don't Rely on a Handshake 54:40 – Don't Let Buyers Know It's a Divorce Sale 55:55 – When Your Ex Won't Sign: Section 106A Explained 57:20 – What It Costs to Go to Court Over the House 59:00 – A Home Is Just a House: The Emotional Side 🎧 EPISODES MENTIONED What Happens With the Mortgage https://youtu.be/8yNEHlHC-JE?si=hCyc9PcxW3BbTUDd Inheritances https://youtu.be/FKK6NIU4sEk?si=oAOCl-INyhnvO_M0 I Really Want to Keep the House https://youtu.be/sblG_qVXhG4?si=ydHgafJTRDRr6g74 Selling the House https://youtu.be/kd9MUMeKaKQ?si=dTTugpHus_6Qe7oF 📖 FULL SHOW NOTES, including every case, section and resource mentioned in this episode: www.thedivorcecourse.com.au/blog 📞 1800 RESPECT – 1800 737 732 (24/7) 📞 Lifeline – 13 11 14 🚓 Police – 000 🌐 www.thedivorcecourse.com.au Family Law Act 1975 – s79(5) and s90SM (housing the children), s4AB (family violence and economic abuse), s90 (stamp duty relief), s106A (registrar signing documents). If this episode helped you please follow, rate, review, and share so others going through the same thing can find this information too.