Separation is often an emotional and uncertain time, especially when it comes to property and finances. One question we frequently hear is:

“Can I buy a new property on my own before my property settlement with my ex is finalised?”

The simple answer is: yes, you can-but it’s not without risks.

Even if you’re separated and living apart, purchasing property before finalising your financial settlement can have legal and financial consequences. The new property you buy might still be considered part of the asset pool that will be divided between you and your ex-partner. This can affect how your settlement is ultimately worked out.

This blog will explain what you should consider before buying property during separation, why timing matters, and how to protect your interests during this tricky period.

There Is No Legal Ban — But There Are Risks

There is no law that stops you from buying property during separation. However, doing so may complicate your property settlement.

Under the Family Law Act 1975, assets acquired after separation—including any property you buy—may still be included in the property pool and subject to division with your former partner. This means purchasing property before your financial matters are finalised carries real risks.

Does that apply everywhere in Australia?

The Family Law Act is federal legislation, so it applies in all Australian states and territories, not just in NSW. That means these rules around property settlement are consistent across the country.

However, each state has its own rules around conveyancing, stamp duty, and property titles. These can affect how a purchase is processed and whether any exemptions or duties apply. For this reason, it’s essential to get local legal and conveyancing advice.

Why Timing Matters

There is no rule saying you must wait to buy property until your property settlement is finalised. But buying too soon can introduce unnecessary risk. If the property is included in your asset pool, it could affect the outcome of your settlement.

Although some assets purchased after separation may be treated differently by the court, this depends entirely on your individual circumstances. Legal advice is key here.

Divorce and Property Settlement Are Different

It’s common to mix up divorce and property settlement, but they are two separate legal processes.

Divorce is the formal legal ending of your marriage. You can only apply for divorce after being separated for at least 12 months.

Property settlement is how your assets and finances are divided. It can be finalised at any time after separation—even if you haven’t divorced yet. In fact, many people sort out their financial matters well before applying for divorce.

Even if you’re not buying or selling property during separation, you still need to finalise a property settlement to legally divide your financial interests. This can happen at any time after separation, regardless of whether you’ve applied for or finalised your divorce.

Seek Professional Advice Before You Buy

While you are legally allowed to buy property after separation, it can impact your settlement and your financial future. If you are considering a purchase, it’s important to speak with both a family lawyer and a conveyancer.

Together, they can help you understand the risks, protect your interests, and ensure the transaction doesn’t affect your settlement more than it should.

How Our Firm Can Help

At Bangalow Conveyancing, we support clients across NSW with complex conveyancing services during separation and beyond in the Northern Rivers, including Ballina, Bangalow, Lismore, Byron Bay and Murwillumbah. We understand the risks involved and work closely with your legal team to ensure your purchase is secure and stress-free.

Whether you’re buying, selling, or simply planning, we can help you make informed decisions. Contact our team today to find out how we can assist with your property transaction.