23/09/2026
“Just stay in the house. Don’t leave it will give you an advantage.”
It’s advice many separated people hear from well-meaning friends and family.
But there’s an important problem with this advice:
Staying in the family home does not give you priority in a property settlement.
Family law doesn’t operate on a simple rule that says the person who remains living in the house gets to keep it or gets a larger share of the property pool.
When determining a property settlement, the law looks at the overall financial and non-financial contributions of both parties, their current circumstances and their future needs. This can include contributions to the home, parenting and homemaking contributions, financial circumstances, care of children and housing needs.
Some people stay in the family home because they feel they have to. Others stay because they have been told leaving will “cost them” legally. And some people leave because they simply do not feel safe staying.
Your physical safety should never be compromised because someone told you that leaving the home will automatically damage your property settlement.
Family violence can also be relevant to the financial consequences of a separation, including its economic effect on a person’s ability to contribute and their future circumstances.
So before deciding whether to stay or leave, get advice based on your actual circumstances, rather than relying on the common saying:
❌ “If you leave, you lose the house.”
❌ “If you stay, you get the house.”
Neither is a rule of family law.
Your safety comes first. Your property rights should be considered separately and based on the facts of your relationship.
If you are separating, obtain legal advice before making major decisions about your home, finances or children.
