Call us on

Home >

Blog >
Can I Keep the Family Home after Divorce/Separation?

Can I Keep the Family Home after Divorce/Separation?

4 April 2023

This is a question we are most asked on a day-to-day basis from our clients and which we try to help them understand at an early stage the possibility and risks associated with keeping the home.


How to choose the right lawyer for you

We always try to emphasise to our clients that there home is just another asset and it is just “bricks and mortar”, because that is our role as an advisor, to remove emotion from any deal.

However, we do recognise that in some matters, the stability of familiar surroundings and community can provide a very positive, calming influence and can be a benefit to children.

Depending upon the age of the children, often being uprooted from the family home, not only causes stress in relation to a new unfamiliar environment being encountered, but also may remove children from existing schools, sporting clubs, community, and friendships.

It may be in some situations, the parties can look to maintain the home for the children and still be able to effect a fair and equitable property settlement.  In some cases, the so-called percentage outcome may seem at first blush not to enable an outcome to be reached whereby one party keeps the home for the children.

However, that is not the end of the story.  Whilst, the Law says we need to know what the property is and what its value is, there is nothing in the Family Law Act to specify property must always be valued and that there must always be a strict percentage applied.

The reason why property is valued and the reason why percentage adjustments are applied is to ensure that a settlement is a just and equitable settlement and falls within an accepted range of outcomes.  Without a valuation, and without percentages, it would be very hard for the Law to judge as to whether such a settlement is fair or not.

The Law however states that not every outcome must be strictly just and equitable and fall within a range.  On many occasions we do deals for clients where a client takes less or more than what they are entitled to and that deal can often be approved by the Court in the form of a Consent Order.

The Law must take into account the terms of the deal and what a range of outcomes can be – but where both parties are legally represented and reach an agreement based on common sense, best interests of the children and other factors, the Court can in those circumstances, approve an arrangement where it enables a party to keep the home, even if the so called percentage adjustments seem either a bit too high or a bit too low, according to a strict application of first principles.

In challenging economic times, it is important to sometimes look at novel solutions that do not necessarily produce a strict mathematical outcome.


How to choose the right lawyer for you

You May Also Like


How to choose the right lawyer for you

We Only Send You Awesome Stuff =)

Privacy Policy

The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all its customers and business contacts. The Company is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act.

1. How is personal information collected?
Your name, email address and phone number are collected on the contact form to allow the Company to contact you.
If you email or phone the Company directly, then the Company may record your personal details.
Your personal information may be used to:
a) Improve service to you, the customer
b) The Company may use personal information about you for marketing and research purposes. If you do not wish this to occur, please contact us and we will ensure this does not occur
c) Your personal information is not disclosed to any organisation outside of the Company.

2. Will personal information be given to anyone else?
The Company does not sell or provide your personal information to any other company.

3. Security of personal information
The Company employees are required, as a condition of their employment, to treat personal information held by the Company as confidential, and to maintain the confidentiality of that personal information.
The Company protects the personal information it collects in a secure database.

4. Access and correction
You can access your data at any time by contacting the Company directly.
You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
We ask you to contact the Company by email or phone using the Company contact details if you wish to access or correct any of your personal details.

5. Online privacy issues
To the extent that this Privacy Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. When you deal with the Company whether online or otherwise, the Company takes its privacy obligations seriously.

6. Additional privacy information and how to contact the Company
The Company may change its Privacy Policy at any time.

For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website at If you feel that The Company is not complying with this Privacy Policy, or if you have other privacy concerns, please contact the company.