About Me

Safety, Products and Liability: A Legal Blog

Welcome to my blog. This blog is dedicated to helping anyone who is currently in the midst of a liability issue. A few years ago, my daughter contracted listeria due to poorly packaged food. She, thankfully, was okay, but we still took her case to court. I want all families who have been affected by liability issues to understand their rights, so I decided to start this blog. My beautiful daughter is now 17 and preparing to start uni next year. I have three younger children as well and an amazing husband. Thank you for reading my blog. Please share my posts if they help you!

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Safety, Products and Liability: A Legal Blog

Negotiating the sale of the family home

by Liesanne Martin

After a divorce one of the main issues that needs to be considered is the sale of the family home. Not only is the family home often one of the most valuable assets owned by a family, it also has an emotional weight as the centre of family life. Here are some things to consider as you progress through the divorce process. 

Getting an independent valuation

If you and your spouse are 'at each others throats' and can't reach a reasonable agreement as to the valuation of the house it can be useful to use an independent property valuer. This can lessen disagreement over the value of the family home. Your solicitors can often suggest valuers that they have previously used. This valuation can be lodged with the court as part of the proceedings and there is less potential for disputes with a certified valuation. 

Value all of your assets and form an overall settlement value

If you wish to stay in the family home to minimise the impact of the divorce on your family, particularly the children, you may not want to sell the home and move out. If you are taking on the majority of child care, the court will consider this obligation when deciding on the property settlement. Equally, other assets can be considered in the settlement including superannuation, other financial assets such as cash and shares and any other assets that you may have shared. By giving up your share in some of these other assets you may be able to trade your share some of these assets in order to get a larger share of the family home. 

Take a long term view

If you do end up needing to sell the home and move to a new home it's important to keep your eyes on the future. Before long your new home will also be filled with memories of the activities you get to share with your kids. You also get a chance to make a fresh start with a new house and get to decorate it with the kids in a way that you'll all enjoy. Some people enjoy not being surrounded by the memories of their ex-spouse in their old home and find a new home can help them to have a new start for this stage of their life. 

Getting support from an experienced family lawyer can help the process of reaching a financial settlement in your divorce, including a value of the family home, much easier.