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VIC Divorce - Property Rights - Am I Entitled to Keep the House?

Discussion in 'Family Law Forum' started by Kelly1234, 9 June 2015.

  1. Kelly1234

    Kelly1234 Member

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    I'm wondering if it's even possible for me to keep the home after I divorce my husband. I'm a stay at home mother, my husband currently pays everything, but I don't want to sell the house because I don't want the disruption for my daughter. What are my property rights and payments am I entitled to, to help with me staying in the family home?
    Thank you.
     
  2. AllForHer

    AllForHer Well-Known Member

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    A property settlement can be anything you want if you can reach agreement with the other party. The court's process doesn't apply unless you ask it to decide the property settlement for you, following a failure to reach agreement, so realistically, there is no list of things or payments you're entitled to, nor is there a hard and fast rule about how assets would be divided. It's purely what you can agree to.

    If you can't agree, though, then the court follows a four-step process.
    1. What's the total value of the asset pool?
    2. What's the financial and non-financial contribution of each party?
    3. What're the future needs of each party?
    4. Is the settlement just and equitable?

    The court might order you to sell the house as part of the settlement, or it might order you to buy out the other party. It's impossible to predict the outcome which is why it's better to try and reach agreement about property settlement, rather than rely on court arbitration.

    The first point of call is a family dispute resolution conference to try and reach agreement with the guidance of a neutral third party. Legal Aid offers this service, as well as free legal consultations for advice.

    Hope this helps.
     
  3. Kelly1234

    Kelly1234 Member

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    My husband is happy for me to have the house, and full custody of our child, he just wants out of everything. I was just hoping I can actually keep the house though.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Well, that depends entirely on your financial circumstances. The court would not likely rule that you keep the house but the other party continue paying for it, but if you can make the repayments and finance the transfer to your name, then there's no reason why you can't keep the house.
     
  5. Kelly1234

    Kelly1234 Member

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    Thank you. I don't think I can afford it I'm a stay at home mum :(
     
  6. AllForHer

    AllForHer Well-Known Member

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    Perhaps you could negotiate an arrangement in which you become a tenant, rather than homeowner? There's lots of options that might help you remain in the house. It would be worthwhile seeing a solicitor so they can go over finances with you and work out some options.
     
  7. Kelly1234

    Kelly1234 Member

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    Thank you so much AllForHer :)
     

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