1300 088 065

Separation and home loans

Keep the house or sell after separation? Start with the numbers

Compare what it costs each month to keep the home with how much cash you may have after selling and paying for the next place. Staying only works if the new loan leaves enough room for normal life.

Weatherboard home and gated driveway in Shoalhaven Heads, New South Wales

Client story

Harriet wanted to keep her children in their school zone

Harriet was a school counsellor and the main carer for her children. She wanted to keep the family home so the kids could stay at the same school.

Once we added the old mortgage and the amount going to her ex-partner, Harriet needed a new loan of about $650k in her name.

Her bank said the loan did not work on its first assessment. I checked the signed agreement, what Harriet would earn after separation, the debts she would keep and her normal living costs. Then I tested the loan with a lender that could use that information properly.

The $650k refinance was approved and settled with the agreed payout. Harriet kept the family home, so her children could stay in their school zone.

The short answer

For the keep option, calculate the new loan and monthly repayment. For the sell option, calculate what may be left after the mortgage and selling costs, then allow for rent or the next purchase. Use the income and expenses you expect after separation for both.

What numbers should you use for both options?

Compare both options using the same property estimate and the income and expenses you expect after separation. Keep the sale proceeds separate from the amount you personally receive under the property agreement.

What numbers should you use for both options?
QuestionKeepSell
Home loanCurrent mortgage plus agreed payout and known finance costsThe mortgage is paid out from the sale
Housing costNew repayment plus rates, insurance and upkeepRent or the repayment on the next purchase
Cash outcomeYour share stays tied up in the homeCash left after the mortgage, selling costs and agreed split
TimingThe new loan, payout and ownership change need to happen in the right orderThe sale, move and next purchase may overlap

What numbers should you use for both options?

Question

Home loan

Keep
Current mortgage plus agreed payout and known finance costs
Sell
The mortgage is paid out from the sale
Question

Housing cost

Keep
New repayment plus rates, insurance and upkeep
Sell
Rent or the repayment on the next purchase
Question

Cash outcome

Keep
Your share stays tied up in the home
Sell
Cash left after the mortgage, selling costs and agreed split
Question

Timing

Keep
The new loan, payout and ownership change need to happen in the right order
Sell
The sale, move and next purchase may overlap
Hypothetical keep-or-sell calculation: keeping requires a $650,000 new loan before other costs or cash contributed; selling leaves $495,000 before the agreed division and other costs.
Illustration only: $900k property, $380k mortgage, separately agreed $270k payout and $25k selling costs. The $495k sale balance is before the agreed split and other costs. The $650k keep loan excludes finance costs. This example is not Harriet's settlement and is not a loan offer.

Use our property buyout guide and calculator for your own figures, then compare repayments with the mortgage repayment calculator.

Can you afford the home on your own?

The new loan can be much larger than the old mortgage once the amount going to your ex-partner is added. The lender will check the whole loan using the income, debts and living costs you will have after separation.

Include child support paid, any income the lender may use, dependants, childcare, school costs, card limits and every joint debt that is still open.

If the budget is too tight, you may need to discuss a different payout, what happens to the property or a longer timeframe. Those are legal and personal decisions. Checking the budget first helps you see the pressure before committing to an agreement.

What would selling leave you with?

Start with the expected sale price and subtract the mortgage payout and selling costs. The remaining amount still has to be divided under the property agreement. The agreement may also deal with other assets and debts.

Allow for the cost of your next home too. Renting may need bond, advance rent and moving costs. Buying again needs a deposit, purchase costs, an acceptable property and another loan application.

Timing can change the answer as much as the sale price. If the next purchase has to settle before the former home sells, the cash may not be available yet. If the sale happens first, temporary rent and moving twice may need to be included.

I compare the cash left after selling with what you need for your next home. That shows whether you can cover the move and next housing costs when they fall due.

For a single-parent purchase, our home loan guide for single mothers explains the deposit, income, child support and government-scheme questions.

If you are also considering moving out and renting the former home to tenants, our sell or keep it as a rental guide covers vacancies, repairs and the cost of holding both properties. Get legal and tax advice about the separation before relying on that option.

If you can't agree on selling, or on who pays the mortgage in the meantime, ask your family lawyer. Our separation guide explains what the lender expects from both borrowers until the loan changes.

If the home was your main residence, a transfer under a court order or binding financial agreement usually rolls over for capital gains tax, and the main residence exemption may still apply. If you rent it out first, that can change. Your accountant should confirm.

Try more than one property value

A higher bank valuation can make the new loan easier, because the loan is smaller compared with the home's value. But if your property agreement also uses a higher value, the agreed payout may increase, which can mean a larger loan.

A lower value can reduce the payout but make the new loan harder. That is why I test a reasonable range before the agreement becomes hard to change. The value used for the separation and the value accepted by the lender may not be the same.

I would also test a slightly higher repayment and one unexpected home cost to see whether you could still afford the home if the first estimate is a little off.

What should you have ready?

  • current mortgage balance and all joint limits
  • agreed or proposed payout
  • property-value range and who obtained each figure
  • post-separation income, support and household costs
  • monthly rates, insurance, maintenance and body corporate if relevant
  • likely selling, moving and next housing costs
  • where the legal documents are up to and the date a decision is needed

Frequently asked questions

Experience and sources

How this guide was checked

The public sources below explain separation, tax and transfer-duty questions to discuss with your advisers. The comparison does not determine your legal settlement or guarantee a loan.

Written byJayden VecchioMortgage Broker

Jayden Vecchio is a mortgage broker at Hunter Galloway. Hunter Galloway Finance Pty Ltd is Credit Representative 476903, authorised under Australian Credit Licence 389328.

General information only. Loan approval, legal documents, transfer duty and tax treatment depend on your circumstances. State revenue guidance applies to the jurisdiction named. Obtain legal and tax advice before agreeing to a property transfer.

Related guides

Compare keeping and selling with your own numbers

We can check the proposed loan, monthly housing costs and sale position before you commit to a property outcome with your lawyer.

or call 1300 088 065

Your full financial situation would need to be reviewed before any offer or product is accepted.

About this information: General information only. It is not legal, tax, financial or credit advice. The property agreement, costs, valuation and loan assessment depend on the complete circumstances.

Client examples are based on real situations. Names and identifying details have been changed.