Assumption: "It's reasonable for a percentage of the sale proceeds of the family home to be ring-fenced for the children as part of the settlement."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
This can feel like a fair, child-focused gesture, especially where a resistant party frames it as protecting the children's future rather than reducing the other party's settlement.
Court Reality
The home's purpose in a needs case is to house the parties and children now, not to function as an inheritance vehicle. Courts tend to see proposals that carve off equity for children, rather than for the resident parent's rehousing need, as confusing an asset with a home, and are unlikely to endorse terms that reduce the resident parent's housing fund on that basis.
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The Gap?
"It's reasonable for a percentage of the sale proceeds of the family home to be ring-fenced for the children as part of the settlement."
Court Reality
The home's purpose in a needs case is to house the parties and children now, not to function as an inheritance vehicle. Courts tend to see proposals that carve off equity for children, rather than for the resident parent's rehousing need, as confusing an asset with a home, and are unlikely to endorse terms that reduce the resident parent's housing fund on that basis.
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