For many Australians, the family home is the biggest asset they’ll ever own
When a relationship ends, disputes over who gets to stay—and what happens to the home—can become emotionally and financially draining. In some cases, one party refuses to move out or deliberately neglects or damages the property to reduce its value, stall proceedings, or gain leverage in property settlement negotiations.
Why Protecting the Family Home Matters
Whether your name is on the title or not, the family home is usually included in the asset pool during separation. If it needs to be sold to finalise the division of assets, any damage or depreciation can reduce your share significantly.
Common Tactics That Can Devalue a Property
Unfortunately, not every ex plays fair. Here are some tactics that may be used—intentionally or otherwise—to sabotage the value of the family home before it sells:
1. Deliberate Property Neglect or Vandalism
Leaving garbage piled up, painting walls in outrageous colours, ignoring leaking roofs, or letting pets damage the yard—these can all scare buyers away.
Example:
A homeowner once let vines overtake an entire garden, blocked the driveway with scrap metal, and painted the front door neon green. The home sat on the market for months and had to be heavily discounted to sell.
2. Poor or Incomplete Renovations
DIY projects gone wrong or half-finished renovations can deter buyers.
If a room is stripped out or an extension doesn’t match the rest of the house, it screams “problem.”
Example:
A half-built granny flat without approval stalled a sale in Sydney’s Inner West for over a year, costing the owners $50,000 in reduced sale price and legal fees.
3. Unapproved Structures
Any building without council approval—sheds, granny flats, pergolas—can trigger legal issues and reduce market value.
4. Filthy Interiors or Strong Odours
Old cooking smells, unwashed bathrooms, signs of pets or rodents—these can send buyers running within minutes of walking through the door.
5. Cluttered or Hoarded Spaces
Messy, overstuffed rooms suggest poor maintenance and make it hard for buyers to visualise the home as theirs.
What You Can Do to Protect Your Share
If you’re no longer living in the property and your ex remains in the home, take these steps to safeguard your interest:
1. Create a Maintenance Agreement
Ask your lawyer to include a clause in your interim or final orders stating that the property must be maintained to a reasonable standard.
This protects both parties and sets clear expectations.
2. Document the Condition
Take date-stamped photos or videos before you vacate. Keep copies in a safe location.
These images can support claims for compensation if the home is damaged or neglected.
3. Include Penalty Clauses
Where possible, include in your agreement that any cost of repairs or cleaning will be deducted from the responsible party’s share of the proceeds.
Why This Matters in Property Settlements
A delayed or devalued property sale can:
- Reduce the final value available for division
- Impact your ability to buy again
- Lead to court disputes over who’s responsible
Don’t assume the home will hold its value just because you have an agreement. Protect your position with planning, documentation, and legal safeguards.
Final Thought
The family home might be the most valuable asset you’ll ever own. Don’t let neglect or manipulation reduce your share.
If you’re going through a separation and worried about the state of the home, speak to a family lawyer or property advisor. Taking action early can help you avoid a costly outcome later.