Living Arrangement Decisions For Divorce — What to Know Before You Buy, Sell or Rent

🎧 Listen to This Episode If You:
💸 Are weighing the pros and cons of buying, selling or renting post-divorce

 ⚖️ Need to understand how your living decisions affect property settlement under family law 

👨‍👧 Are parenting and want to make housing choices that work for your kids

 🏡 Just separated and unsure about where to live

📉 Are worried about financial risk and long-term planning

Episode Summary:
Where will you live after your separation or divorce? It’s one of the most important—and emotionally loaded—questions you’ll face. In this episode, I’m joined by Pedro Marin, Financial Planner from Marin Wealth, and my mum Lyn, an experienced family lawyer, to explore the options: keeping the house, selling, buying again, renting, or trying rentvesting.

We look at the emotional, financial, and legal implications of each choice—and how they interact with the Family Law Act, especially Section 79(2) and 79(5), which focus on the needs of the children and future financial considerations. If you’re unsure what to do next or feel stuck between financial reality and emotional decisions, this conversation will help you start to look over the situation. 

Disclaimer: This is not legal or financial advice and you MUST see a lawyer or financial advisor before making any decision. We are not liable for the outcome of your case and by listening to this podcast you agree to this. 

⏱️ Episode Timeline – What We Discuss:

00:00 – What’s this episode about and why is it crucial for separated couples?

00:15 – Who are Pedro Marin Ramirez and Lynette Galvin, and how can they help?

00:36 – What property decisions do you need to consider during divorce?

01:42 – Why do you need both financial planning and legal advice after separation?

03:05 – Should you keep the family home after divorce? What to consider

09:42 – Is now the right time to sell your house? Key market insights for separating couples

12:49 – What should you do with lump sum payments after selling the house?

20:47 – What is rent-vesting and how can it work after divorce?

23:21 – What are the risks of renting or investing in property post-divorce?

24:34 – How does the Family Court consider children’s housing needs in property settlement?

25:11 – Why is “just renting” sometimes not enough post-separation?

26:15 – Why do you need an emergency fund and solid financial planning after divorce?

28:50 – What does The Barefoot Investor say about post-separation money management?

29:31 – What are the pathways to home ownership after a divorce?

34:43 – What are the risks of property surgery after separation?

36:01 – How do you navigate home loans and bank requirements after divorce?

40:01 – What are the final takeaways and key resources for post-separation housing?

Resources

Marin Wealth Free Calculators

https://marinwealth.com.au/calculators/

Family Law Act 79(5) 

https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html

🎙️ Related Episodes:

• I really want to keep the house https://open.spotify.com/episode/6TzW9skKgvO8fjm0gcFPRg?si=vUHKQ7vUS0egoexZ5QQ7Zw

• Out of the box ideas to keep the house https://open.spotify.com/episode/5RgIsTMGh7EBqqbAgIVQ5Y?si=Zct17ZGEQxaWg8xX4wEF0A
  Understanding Property Settlement Options in Divorce

• Future Financial Needs in Family Law: Explained

• Weapons of Tax Destruction in Divorce https://open.spotify.com/episode/1Bvc2JFmgcLMpIZLIXEwVR?si=5zrzU_AHR_KSnJ9IovdUnA

• Taking Control of your Finances in Divorce - Financial Abuse Red Flags

• https://open.spotify.com/episode/0RzZTAL7xwRo1dvGoR8Ywr?si=iNX3fN1LQJijcucOnfKvOQ

🆘 Emergency & Support Contacts:
💜 Women’s Shelter: 1800 811 811
📞 Lifeline (24/7 Crisis): 13 11 14
👨‍👧 Mensline Australia: 1300 789 978
👧 Kids Helpline: 1800 551 800
🚨 DV Hotline: 1800 RESPECT (1800 737 732)

📌 Key Takeaways:

• You have more options than you think—but each comes with trade-offs
  
  

• Emotional attachment to a home can cloud financial judgment
  
  

• Rentvesting can work, but it's not a silver bullet
  
  

• Selling might feel like a loss but can also give you financial breathing space
  
  

• Legal and financial decisions are intertwined, especially with children involved
  
  

• The court considers both your current and future needs under family law