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ARTICLE · 01 FEBRUARY 2021

Falling out with a co-owner: a real property mistake

A well-drafted co-ownership agreement could save stress, time and money, if a problem should ever arise between owners.

AustraliaReal Estate and Construction

We all make mistakes in life. Sometimes we make big ones - we buy property with someone that we should not have and become stuck holding part of a piece of land as co-owner with a person we no longer talk to and who doesn't pay the mortgage.

This scenario of course can arise frequently in family court proceedings and the Family Law team at Lynn and Brown navigate the issue daily. We also see the issue commonly on the civil side of the law in the Commercial and Dispute Resolution team. Most often land has been bought collectively between friends or family members and those relationships have later turned sour. One party wants to sell the land, another wants to hold it. A third has gone AWOL and have not been seen or heard from in years.

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