For richer, for poorer: who gets the house when your relationship ends?

Seek legal advice

"The first thing to do is seek legal advice, and do your homework to find out what you're legally entitled to," Heusch says. "Phone your superannuation fund for a proper evaluation, and talk to your accountant to find out the value of your assets. If you do your homework, it can keep costs down."

Lucia Hawkshaw, an accredited mediator in Brisbane, warns that divorcing couples can quickly resort to underhanded tactics. "It's not uncommon for one spouse to change the locks, or withdraw all the money from the bank account, or draw a line down the middle of the house. Things can get nasty very quickly," Hawkshaw says.

If you can't come to an amicable agreement, a mediator is often the cheapest way to avoid a drawn-out legal battle. A mediator is a solicitor or barrister who is accredited to resolve property disputes outside court.

"Litigation often takes two or three-years and costs between $30,000 and $50,000, whereas mediators cost between $3000 and $5000 per day and can save you a lot of money, time and heartache," Hawkshaw says.

If a deal can't be mediated, divorce lawyers or legal aid lawyers can represent you in court.

"The first question to ask is, 'What are our assets at separation?'," says Sally Nicholes, principal at Nicholes Family Lawyers in Melbourne. "It doesn't matter whose name the assets are in, or whether the property is part of a trust or inheritance — you need a lawyer, accountant or financial planner to help you understand your respective needs and financial resources."

The judge weighs up both financial and non-financial contributions (such as looking after the kids, maintaining the house and garden, or sacrificing one own career to enable the other spouse to further theirs), then adjusts the assets apportioned to both parties accordingly.

What if they won't move out?

If you're both on the title, you're both legally entitled to remain living at the property. But if living peacefully at opposite ends of the house isn't feasible, a divorce court can determine which spouse is entitled to stay put, granting sole use and occupation to the other spouse.

"It's quite common that a divorced mother wants to stay in a property with their children, even though she can't afford the mortgage repayments on her own," Heusch says. "In this instance, she might enter an agreement to sell the property in 10 years if both parties keep paying off the mortgage until then."

Of course, for the husband who's no longer living there, the property becomes an investment property, and he'll be hit with a large capital gains tax when the house is sold. It's wise to seek financial advice — in addition to legal advice — when the relationship turns sour.

Similarly, if one party wants to sell the property and the other refuses, a judge or arbitrator can dictate whether the house should be placed on the market.

Get a prenup

Before you buy a property with a loved one, a prenuptial agreement (or a financial agreement if you're de facto) is a wise idea — especially given that approximately one in three Australian marriages end in divorce.

Nicholes warns against "shot-gun prenups". "A lot of parents encourage their kids to sign prenups a week before the wedding," Nicholes says. "But if there's any form of duress or pressure in signing the agreement, it may not stand up in court. It's wise to have some sort of financial agreement in place, but you'll both need independent lawyers advising you of your rights and the process shouldn't be rushed."

De facto agreements

You only need to be living with your partner for two years to be considered de facto, which means the same property entitlement laws affect you in the event of a break-up.

"In this day and age, if you're getting into a serious relationship and purchasing property together, you need to have a conversation about assets and estate planning sooner rather than later. A financial agreement might be in the best interests of both parties, not just the person who owns the most assets," Hawkshaw says.

Of course, none of this is very romantic. The good news is that divorce rates have been decreasing in Australia since their peak in 2001, according to the Australian Bureau of Statistics.

While there's no doubt dividing your assets in the wake of a bitter break-up can be a painful, lengthy process, the laws are designed to be fair and just, and there are many options to make the process as swift and painless as possible.