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Dividing your property

If your relationship ends, property may be divided between you and your partner by:

  • agreement – see ‘If you agree how to divide property’ (link below)
  • using a dispute resolution service to help reach agreement – see ‘Family dispute resolution’ (link below)
  • going to court – see ‘If you disagree about how to divide property’ (link below).

Even if you are able to reach a property settlement without going to court, it’s a good idea to get legal help before you start negotiating, and again before you sign an agreement.

Who does this apply to

This section applies to people who were married and are now separated or divorced from a spouse.

It also applies to de facto couples who separated after 1 March 2009. A de facto relationship is when two people are not married, but live together or have lived together as a couple on a genuine domestic basis. See ‘De facto & same-sex relationships’ (link below).

If you are not married, and you separated before 1 March 2009, you have different legal rights. Get legal advice.

What can be divided

Property includes assets (things you own) and liabilities (things you owe money on). These can be owned individually, jointly (with another person or persons), or by a family trust or family company.

This includes:

  • real estate, including the family home 
  • money
  • investments 
  • insurance policies 
  • inheritances
  • shares 
  • superannuation 
  • any other assets, such as cars, furniture or jewellery 
  • debts, such as mortgages, loans, credit cards and personal debts.

All items may be considered in the property settlement. It does not matter:

  • whose name is on the documents
  • who bought an item 
  • who made the debt.

The family home

You do not lose your right to a share of the house or other property if you leave the house.

If one person gets the house by agreement or court order, the other will still have a right to a fair share of the assets. This may mean that the person who stays in the house buys the other’s share of the house.

You may have a right to a share of the house even if the house is in a third person’s name.

Superannuation

As part of a property settlement, superannuation can be split so that part of the policy goes to the other person when the policy is paid out. Superannuation can be a large asset in the division of property. The law is complicated. Get legal advice.

For more information see the Family Law Courts website (link below).

More information

De facto & same-sex relationships

Family dispute resolution

If you agree how to divide property

If you disagree about how to divide property

Related publications

How to run your family law case

You and family law: a short guide

Related websites

Family Law Courts - Superannuation (new window)

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some family law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.