When two or more people own a property together, disagreements can sometimes happen—especially when one person wants to sell, and the other doesn’t.
In Queensland, if joint owners can’t agree, one party may ask the court to force the sale. This is a legal process that lets the court decide what should happen to the property.
The process can be complex and emotional, but understanding your rights and the steps involved is important.
Below, we break down the key questions around forcing a sale of a jointly owned property in Queensland, using simple language to help you understand how it all works.
Can One Co-Owner Force the Sale of a Jointly Owned Property in Queensland?
Yes, in many cases, one co-owner can ask the court to force the sale of a property. This usually happens when two or more people own a home together and can’t agree on what to do with it.
For example, this can occur after a relationship ends or when family members inherit a home together.
In Queensland, property can be owned either as “joint tenants” or “tenants in common.” Both allow people to own the same property, but the way ownership works is a bit different.
No matter which way the property is owned, a co-owner can apply to the court for an order to sell it.
The court does not automatically agree to every request. It looks at each situation carefully before making a decision.
The law tries to be fair to all sides, and sometimes that means the property is sold. Other times, the court may decide to delay the sale or suggest other options.
What Options Are Available If One Party Wants to Sell but the Other Doesn’t?
When one owner wants to sell and the other does not, both parties have a few options to try before going to court:
Negotiation: This is the simplest and least expensive way. The parties can sit down and talk it out.
Sometimes, with the help of a lawyer or mediator, they can agree on what to do. One party might agree to buy the other out, or they may decide to sell and split the money.
Mediation: This is a process where a neutral third person (called a mediator) helps both sides come to an agreement. It’s not a court process, but it can be very useful in settling disputes without going to trial.
Property Settlement Agreements: In family law matters, a property settlement may include what happens to the home.
If both parties agree, they can make this part of their official settlement and avoid the need to force a sale.
If none of these options work, the party who wants to sell can apply to the court to ask for a sale order.
Also Read: Financial Agreements Under Family Law Act: What You Should Know
How Does the Court Handle Disputes Over the Sale of Jointly Owned Property?
When the dispute reaches court, the judge will look at the full situation before deciding. The court has the power to:
- Order the sale of the property.
- Allow one person to buy the other’s share.
- Decide how the money from the sale should be split.
- Delay the sale in special cases, like when children are involved.
The court usually wants to avoid forcing people to stay co-owners when they no longer get along or share the same goals.
But if one person has a strong reason to keep the property, for example, they live there with young children, the court will take that into account.
The court process can take time, and it can be stressful. That’s why many people try to settle things outside court first.
What Legal Steps Are Involved in Forcing or Opposing a Property Sale in QLD?
If a party decides to apply for a court order to sell, here’s a general idea of what happens:
Get Legal Advice: Before doing anything, it’s important to speak with a lawyer. They can explain your rights and the best way forward.
File an Application: The person who wants the sale must apply to the appropriate court, often the Supreme Court or Federal Circuit and Family Court, depending on the case.
Serve the Other Party: The other co-owner is officially told about the application and given a chance to respond.
Court Hearings: Both sides may attend court hearings, where a judge will hear evidence and decide what should happen.
Final Orders: The court will make a decision, which could include ordering the sale, setting a timeline, or giving one person a chance to buy the other out.
If someone wants to oppose the sale, they must show a good reason why it should not happen. They can argue that the timing is unfair or that the sale would cause hardship.
Also Read: How to Financially Separate From a Spouse Legally in Australia
What Factors Influence Whether a Forced Sale Is Granted or Blocked in Court?
The court looks at many things when deciding whether to grant or block a forced sale, including:
- The Reason for the Dispute: Why is one person refusing to sell? Is it reasonable?
Who Lives in the Property: If one party still lives there, especially with children, the court may give them more time.
- Financial Situation: Can one party afford to buy the other out? Is keeping the home realistic?
- Ownership Shares: How much does each party own? Are they equal or different?
- Any Existing Agreements: Have the owners already made a legal agreement or court order in the past?
The court tries to be fair to both sides. It wants to make sure no one is being treated unfairly or being forced out for no good reason.
But if co-owners truly cannot work together, and no agreement can be made, a sale may be the only solution.
When Emotions Meet Property: What Happens Next?
Co-owning property is a big responsibility, and things can get difficult when owners disagree.
Whether the dispute comes from a relationship breakdown, inheritance, or something else, the law in Queensland does allow for a property to be sold—even if one owner doesn’t agree.
But court should be the last resort. Talking things through, getting legal advice early, and understanding your rights can help make the process smoother for everyone involved.
Need Help With a Property Dispute?
Are you facing a situation where you or someone else is forcing the sale of a jointly owned property in QLD?
At Ipswich Family Lawyers, our experienced team understands how stressful and emotional these cases can be.
We work with clients to protect their interests and find a practical path forward. Contact us today to speak with a property settlement lawyer who truly cares about your outcome.
