Joint ownership of property

Discussion in 'Legal Issues' started by Wenren, 20th Apr, 2019.

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  1. Wenren

    Wenren New Member

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    when in 50/50 joint ownership of a property and one party wants to sell, can the other party refuse? What action can be taken by the party who wants to sell ? Can they make you sell ? Help appreciated, novice operator here. Ty.
     
  2. Gestalt

    Gestalt Well-Known Member

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    What state?

    The general answer is that you can potentially go to Court and get an order for sale.

    In Queensland section 38 of the Property Law Act is the relevant provision.

    Get legal advice for your state and specific circumstances.
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Tenants in common or joint tenants?

    Either way, you may sell your interest separately but neither party owns any defined part of the property.

    Do you have a partnership agreement detailing how this is to be treated?
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes.

    Application to the Supreme Court to appoint a trustee to sell the property. s 66W Conveyancing Act from memory.
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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