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Giving Children Custody of a House after Divorce

As per the Family Lawyers in Brisbane, in recent years, most of the parents are willing to take their decisions themselves, rather than relying on some third party. This really makes the aftermath of divorce much easier, both emotionally as well as financially. Despite the hassles involved in divorce, some couples remain friendly and tolerant to sort out the matter in a more peaceful manner. One such arrangement that may contribute to this openness is the decision of keeping your primary house with your children while you move out as to your respective conveniences. This process is referred to as nesting. It is beneficial both for the parents as well as the children.

Unlike the case of children’s possession, they stay at their primary residence instead of moving from one parent to another,  with parents coming in and out periodically. This gives children custody of their house which they lived for years. They are privileged to keep their belongings and enjoy the same space, no matter what parent they are living with. This also saves a lot of trouble for parents in keeping up with the children’s stuff such as books, accessories, toys, etc. and the need to shuffle them each time they move out.

Although it may have a great number of advantages, especially for the children, there are few things that you need to keep in mind before you opt for the nesting process.

  • Maintaining An Extra Home Comes With A Cost:It’s no brainer that you will be needing to spend more in order to maintain that one extra primary residence, along with your separate arrange Each parent needs to contribute equally, or as decided mutually. This might affect you financially. So its better to discuss the terms clearly with your spouse regarding the same.
  • Legal Aspects Regarding Nesting:This current trend is available only in certain states. Look for the legibility of the same with your attorney. Consult an experienced Divorce Lawyer in Brisbane, or wherever you reside to know more about the family laws in your area pertaining to nesting.
  • Accommodating The Changes:It is often possible that your preferences or situations change after the divorce. You may want to live your life differently, which is why you went for a divorce for the first place. In such a case, this arrangement can trouble you. Even the children might find it difficult to cope up with two sets of routines or traditions, and this might result in certain problems. It’s better to think of all the possible outcomes you may have to face if you opt for nesting.
  • Is It A Permanent Solution?With the two of you lading different lives, it is possible that you have to move out to somewhere else, or maybe you are finding it difficult to maintain it financially after a certain period of time. Also, when the children grow, they have their own opinions and might not be comfortable with this arrangement. In such situations, you would like to reconsider the arrangement. So this may be seen as a temporary solution for a particular time period only.

Besides your personal preferences and your considerations for children’s comfort, you need to think practically before you decide to give your children the custody of your house after the divorce as it will affect both your children’s as well as your life. With so many variables involved, it is advisable you consult with your family lawyer to help you with a better parenting plan and better settlement terms. Look into the various cause and effects of this decision, as making amendments, later on, will make you go through the entire process again.


Kara Best is the Legal Practice Director, Lawyer & Accredited Family Law Specialist at Best Wilson Buckley Family Law. With experience in a number of separation cases, she is counted among the top divorce lawyers in Brisbane. She is also a member of the Queensland Law Society Family Law Accreditation Committee, which is the committee that facilitates the specialist accreditation of family lawyers in Queensland and an active associate of the local Law Association.

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