Co-Ownership Property Disputes
Co-Ownership Property Disputes
Owning property with someone else – whether a family member, friend, or business partner – can work well for years. But when the relationship breaks down, a jointly owned property can quickly become a source of serious conflict.
At Ryder Lawyers, we help co-owners in Queensland navigate these disputes practically and efficiently, whether the goal is to buy out the other party, sell the property, or seek a court order.
What Is a Co-Ownership Dispute?
A co-ownership dispute arises when two or more people who jointly own a property cannot agree on what to do with it. Common triggers include:
- Relationship breakdowns between couples who are not legally married
- Disagreements between siblings who inherited a property together
- Business partnerships that have dissolved
- One co-owner wanting to sell while the other does not
Your Options as a Co-Owner
In Queensland, co-owners have several legal avenues available:
Negotiated agreement – The most cost-effective outcome. We can help you negotiate directly with the other co-owner to reach terms both parties accept, such as a buyout at an agreed price.
Statutory trust for sale – If agreement cannot be reached, either co-owner can apply to the Supreme Court of Queensland for a statutory trust for sale. This results in the property being sold and proceeds divided according to each party’s ownership share.
Partition – In some cases, it may be possible to physically divide the property. This is more common with larger landholdings and is less common with residential property.
What About Contributions?
If one co-owner has contributed more to the property – through mortgage payments, renovations, or maintenance – this may affect how proceeds are divided. The law in Queensland recognises these contributions in some circumstances, and our team can advise you on whether they are relevant to your situation.
Frequently Asked Questions
Can I force my co-owner to sell the property? Yes. If your co-owner refuses to sell and you cannot reach an agreement, you can apply to the Supreme Court for a statutory trust for sale. The Court has broad discretion to order a sale even if one party objects.
How long does a co-ownership dispute take to resolve? It depends on whether the parties can negotiate. Many disputes resolve within weeks through negotiation. Court proceedings can take considerably longer.
Does it matter who is on the title? Yes. The way co-ownership is structured – as joint tenants or tenants in common – affects what happens to each party’s share and what options are available.
If you are married or in a de facto relationship and own property together, visit our information on Property and Financial Settlements and Consent Orders.
Important Tip
If you’re in a co-ownership dispute or want advice before things escalate, call us on (07) 3709 1330 or book a consultation at ryderlawyers.com.au.
Do you have a legal matter? Book in for a 15 minute phone call
Meet with our team on a quick and friendly call. Let’s see if we can work together,