Author: Carol Pages, Pages Family Law.

One of the biggest questions after separation is: “Can I keep the house?”
If you’re going through a property settlement and want to remain in your home, you’re not alone. Whether the house holds emotional value, keeps your children close to their school, or supports your small business, keeping the home can be an important goal.

As experienced family lawyers, we help people understand what’s possible when it comes to keeping the family home.

Why Keeping the House Matters

You may want to keep the house because:

• ● It was your home before the relationship started
• ● It’s close to your children’s schools or support network
• ● It holds sentimental or family significance
• ●  You run your business from home

Whatever your reasons, the law allows for flexibility — but it depends on your financial position and agreement with your ex-partner.

How Can I Keep the House After Separation?

If the property is jointly owned, keeping it usually requires you to refinance the home into your sole name. This often also involves a property settlement payment to your former partner.

Things to consider:

• ●  Will a longer settlement period help you secure finance?
• ●  Who will pay the mortgage, council rates, and insurance during this time?
• ●  Could you receive a smaller share of superannuation or other assets in exchange for keeping the home?

A family lawyer can help you weigh these options and run the numbers.

The Importance of Early Legal Advice

Feeling overwhelmed is completely normal after separation. That’s why getting early advice from a family law specialist can make all the difference.

Our process focuses on:

• ●   Understanding your goals and financial situation
• ●   Explaining your entitlements under the law
• ●   Helping you take steps to protect your interests
• ●   Giving you clarity on what a just and equitable property division could look like

How We Help With Your Property Settlement

We provide guidance at every stage — whether you’re negotiating directly, using a mediator, or working through lawyers. We also connect you with the right professionals to help support your decisions, including:

•  ●  Financial planners to model your future finances and help you plan
• ●  Mortgage brokers who understand family law finance and can deal directly with lenders
• ●  Accountants who can provide advice on tax impacts of taking over property or investments

These professionals work with you alongside our office to give you peace of mind.

Summary: Keeping the Home Is Possible with the Right Support

Keeping your home after separation isn’t just about emotions — it’s about careful planning. With the right legal advice and financial guidance, you may be able to stay in your home while securing a just and equitable property settlement.

If you’re separating and want to know your options for keeping the house, contact us today for a free 15 minute discovery call, which you can book directly from our website.

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The content of this article is provided for information purposes only and does not constitute legal advice. We recommend that you seek legal advice relevant to your own circumstances and we would be happy to assist you.

Carol Pages is the Principal of Pages Family Law and an Accredited Specialist in Family Law and a Nationally Accredited Mediator. If you would like advice about your own separation, please contact Pages Family Law at info@pagesfamilylaw.com.au or on 03 9121 8077 or book a 15 minute free discovery call via our website.