About Who Gets the House?
This site exists because most of what people read about Australian property settlement is written by law firms trying to win them as clients. That isn’t inherently bad — but it isn’t neutral, and it isn’t the same as practical, structured help before you’ve hired anyone.
Who Gets the House? is an independent guide and decision-clarity tool for Australians going through separation — married or de facto. It is built and maintained outside the legal industry. No referral kickbacks, no law firm sponsorships, no agendas pointing you toward any particular practitioner.
Why it exists
If you search for “who gets the house in a divorce in Australia”, almost every result is a content page on a family law firm’s website. Those pages are designed to pull you into a paid consultation. They aren’t designed to help you arrive at one already prepared, with your numbers organised and your assumptions tested.
The gap is structured help before the lawyer meeting. That’s what this site is.
What it can do
- Give you a plain-English explanation of how property settlement works in Australia — the four-step framework courts apply under sections 79 and 90SM of the Family Law Act
- Help you model a likely asset split, including property, super, savings, debts and contributions, using the Property Split Calculator
- Surface the questions you should be asking — and the documents you should be gathering — before your first lawyer meeting
- Cover the most common situations: de facto separation, name not on the mortgage, forcing a sale, separation with kids, splitting superannuation, financial disclosure
What it can’t do
- Provide legal advice — nothing on this site is legal advice and nothing should be acted on as a substitute for a qualified Australian family lawyer
- Predict the outcome of a court application — courts assess specific facts, and outcomes turn on details we don’t know about your situation
- Replace formal financial disclosure — legal disclosure is governed by the Family Law Act and (since 10 June 2025) carries direct statutory consequences for non-compliance
- Handle situations involving family violence, hidden assets, complex business structures, defined-benefit super or trusts — these need a lawyer now, not a calculator
The methodology behind the calculator
The calculator applies the four-step framework Australian courts use when assessing property settlement under the Family Law Act:
- Identify the asset pool. All assets and liabilities of both parties — real estate, superannuation, savings, vehicles, businesses, debts — are identified and valued at the time of settlement.
- Assess contributions. Both financial (income, deposits, mortgage payments, inheritances) and non-financial (homemaking, child care, supporting a partner’s career) contributions throughout the relationship are weighed.
- Consider future needs. Income differences, who has primary care of children, age, health and earning capacity all adjust the headline split.
- Apply the just-and-equitable test. The overall outcome is checked for fairness. There is no fixed formula and no presumption of an equal split.
This is not a proprietary methodology. It is the framework Australian courts apply — documented in the Family Law Act 1975 and applied in thousands of reported decisions. The calculator turns it into an interactive tool you can run on your own numbers.
Independence statement
Who Gets the House? is not affiliated with any Australian family law firm, mediation practice, or legal services provider. We do not receive referral fees, sponsorships, or any other payment in exchange for directing you to a specific lawyer or service. Where we recommend talking to a lawyer, we mean any qualified Australian family lawyer of your choosing.
The site is funded by:
- The optional paid PDF report available within the full calculator
- Future planned products that help people prepare for separation more effectively
We are clear about this because every other source you’ll consult is selling you something. We are too — just not legal services, and not under the cover of pretending to be neutral when we’re not.
How to get in touch
For questions, corrections, or feedback on the site, email hello@whogetsthehouse.com.au. Please note we cannot respond to requests for legal advice or comment on individual matters — for that, please consult a qualified Australian family lawyer.
Ready to run your numbers?
The calculator is free. Start with your asset pool and see what the picture looks like before your first legal conversation.