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ARTICLE · 05 AUGUST 2019

What to do when the property co-owner refuses to sell

What happens if you are a co-owner of a property and want to put it on the market, but the other owner refuses to sell?

AustraliaLitigation, Mediation & Arbitration

What happens when you are a co-owner of a property and want to put it on the market, but the other owner refuses to sell?

This could happen after a marriage or de facto relationship breakdown, a business venture collapse or when one owner becomes bankrupt and the trustee of the bankrupt estate can't reach an agreement with the other property co-owner.

Resolving co-owner property disputes

The best resolution in a property dispute involving joint owners could be for one owner to buy the other's share of the property. However, where an agreement can't be reached, a co-owner can apply to the Supreme Court for the appointment of a statutory trustee for the sale or partition of a property under Section 66G of the NSW Conveyancing Act 1919.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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