Property Dispute Resolution
The client, located in Western Australia, is involved in a family and property law matter concerning joint ownership of the family home. The client wishes to keep their children in the family home, but is unable to afford to buy out their ex-partner's share. The ex-partner has indicated a desire to sell the property. The primary concern for the client is to maintain a stable living situation for the children. The client is seeking guidance on the options available to achieve this within the framework of their current circumstances.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal options do I have to negotiate with my ex-partner to maintain the family home for the children's benefit?
To negotiate with your ex-partner to maintain the family home for the children's benefit, consider proposing a shared agreement that prioritises the children's stability. You might suggest a temporary arrangement where you remain in the home until the children reach a certain age, while exploring financial solutions or refinancing options. Mediation could facilitate discussions and help reach an amicable agreement. Demonstrating how maintaining the home benefits the children could encourage collaboration. Consulting legal professionals or family law mediators may assist in the negotiation process.
How does the court typically view the need to maintain stability for children in their current home during property settlement negotiations?
The court typically prioritises the stability and welfare of children in property settlement negotiations. It usually assesses whether remaining in the current home serves the children's best interests, considering the emotional and educational stability it provides. The court will balance these concerns with the financial realities and rights of both parties involved, so it's important to present evidence that maintaining the home aligns with the children's best interests.
Are there any legal agreements or arrangements, such as a deferred sale agreement, that could allow me to stay in the home until the children are older?
A deferred sale agreement may allow you to remain in the family home until a specified event, such as your children reaching a particular age or finishing school. This type of arrangement provides stability for your children while delaying the sale of the property. The court will consider various factors before granting such an order, including the financial positions of both parties and the welfare of the children. It's advisable to consult a solicitor to investigate your eligibility.
What financial assistance or benefits might be available to help me afford the home independently or negotiate a suitable agreement with my ex-partner?
You might consider applying for benefits such as subsidized housing assistance or financial support designed for families, which could help manage housing costs. Investigate any local council programs that may offer assistance for expenses related to housing. Consulting with a financial adviser regarding options like remortgaging or accessing government-backed schemes might also be beneficial.
How is child custody likely to impact my ability to maintain residence in the family home?
Child custody arrangements can significantly affect your ability to reside in the family home. When deciding, courts often focus on the children's best interests, which includes providing stability and continuity in their living arrangements. If you have primary custody or the children mostly live with you, this could strengthen your case for remaining in the home. The court may consider this factor during property settlement negotiations.
