What happens when there are co-owners to land, one owner wants to sell and the other doesn't?
A co-owner can apply for an order under section 66G of the Conveyancing Act 1919 (NSW) in which trustees are appointed to take charge of the property and sell it.
In this episode we look at some examples.
Van Oosterum v Van Oosterum [2011] NSWSC 663
Farming property owned 50% by Edward and 50% by his son Glenn, daughter Leonie and son-in-law Matthew.
After a family breakdown the children want to sell the property and Edward does not.
Shah v Sanjiv [2014] NSWSC 1535
Shah and Sanjiv were husband and wife who had separated and going through family law proceedings.
But the family law proceedings were taking too long for the husband who wanted to sell the matrimonial home while the market was still high.
Malouf & Cameron [2024] QSC 3
Mrs. Cameron owned 50% of a 100 acre shorefront property at Noosa North Shores. When she failed to sell her share to Ms Middleton and Mr Malouf, they bought out her co-owners and made an application to force Mrs. Cameron to sell.
& more...
