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Module 3 of 6

Property and Asset Division

How the family home and other assets are typically divided.

15 min read

Property and Asset Division

Understanding how the family home and other assets are divided is crucial to planning your future after divorce.

The Family Home

Options for the family home typically include:

  1. Sell and split the proceeds - The cleanest option financially
  2. One party buys out the other - Requires refinancing the mortgage
  3. Deferred sale - Often used when children need stability
  4. Transfer of ownership - One party takes the house, offset against other assets

Factors the Court Considers

  • The needs of any children
  • Both parties' housing needs
  • Ability to raise finance
  • Each party's earning capacity
  • Length of the marriage

Other Assets

All matrimonial assets are considered, including savings, investments, vehicles, and valuable possessions.

Tip: Get professional valuations for high-value items like jewellery, art, or antiques.

Protecting Your Interests

  • Don't agree to anything under pressure
  • Understand the tax implications of any transfers
  • Consider future maintenance needs
  • Get independent legal advice before signing anything

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