FAQs

What happens if we can’t reach agreement about the value of our home and furniture?

If you and your former partner are not able to reach an agreement as to the value of any asset or assets of the relationship that are considered part of the settlement negotiations then you may appoint a valuer to do that.  In most circumstances you will be required to share the cost of obtaining that valuation report be it a property valuer or valuer for vehicles or other property such as furniture.  Often such valuation reports fall outside of the range that is considered to be reasonable by the parties. This is particularly the case with household furniture which is valued at its second-hand value, such as that may be obtained in a garage sale or perhaps purchased on e-Bay. It is important to note that all assets such as furniture are valued at their second-hand value not their current replacement costs.  

Will I lose my entitlement to the house if I move out first?

Leaving the house does not affect your entitlement to a property settlement. If you do intend to leave it is wise to gather important financial documents and personal property/information which may become important in any later family law settlement negotiations or Court hearings such as Marriage Certificate, Superannuation Statements, personal bank and financial statements, tax returns and the like.  Personal items such as photographs etc.. should also be considered.  

 

If you and your former partner cannot live together separated under the one roof until a final property settlement has been negotiated then a Court Application may be necessary. In some cases, Courts will order that only one partner can live in the home until a property settlement or another agreement is reached.  This type of Order is called a ‘Sole Use and Occupation’ Order.  Speak with Duane Portway of Duane Portway Family Law about sole use an