The family home is often your biggest asset—and your most emotional one, too.

When a relationship ends, deciding what to do with the house can feel overwhelming.

In Australian family law, you have several options for the family home. You can keep it, sell it, refinance it, or transfer your share to your ex. The best choice depends on your finances, the children’s needs, and what’s fair.

Here’s a simple guide to your options—and real examples to show how others have managed.

Option 1: One Partner Keeps the Home

If one person wants to stay in the house—often to provide stability for the kids—you can agree that they keep it and the other gets a larger share of other assets (like super or savings).

• Example: After 15 years together, Sam stayed in the home with their two school-aged children. To balance it out, Alex took more super and a lump sum payment instead of part of the house equity.

To make this work, you might need to:

• Refinance the mortgage into one name

• Buy out your ex’s share of the equity

• Update title and insurance details

Option 2: Sell and Split the Proceeds

Many couples choose to sell the home and split the sale proceeds. This is often the quickest and cleanest option—especially if neither partner can afford the mortgage on their own.

• Example: Kerry and Dean sold their house six months after separating. They used the profits to each buy a smaller property and share the rest as cash, giving both a fresh start.

Steps involved:

1. Agree on timing of sale

2. Engage an agent and set a realistic price

3. Split net proceeds after paying out the mortgage, costs, and fees

Option 3: Transfer Ownership (Property Settlement Transfer)

You can transfer your share of the home directly to your ex—without refinancing. This is called a property transfer.

• Example: Lucy and Mark agreed Lucy would take full ownership. Lucy paid Mark his agreed share by transferring funds from her inheritance. They then lodged a transfer form with the land titles office.

To do this:

• Complete a Transfer of Land form (or state equivalent)

• Pay any stamp duty or transfer fees (each state varies)

• Update mortgage and insurance

Option 4: Offset Against Other Assets

Instead of dealing with the home, you can keep it jointly and offset the value against other assets. For example, one partner keeps the home while the other keeps the investment property.

• Example: Tanya and Paul decided Tanya would keep the house, and Paul would take a rental property. They offset values so neither paid cash—just an agreed adjustment in other assets.

Timing and Agreements

You don’t have to decide immediately, but remember the time limits:

• Married couples: 12 months from divorce

• De facto couples: 2 years from separation

Lock in your choice with Consent Orders or a Binding Financial Agreement so it’s legally enforceable.

Final Thought

Your home is more than bricks and mortar—it’s a sanctuary and a financial safety net. Whether you keep it, sell it, or transfer it, the key is clear communication and a written agreement.

At Aussie Divorce, we explain each option in plain English—so you can choose what’s best for your family, your finances, and your future.