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...
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).
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