WebUnder section 38 of the Property Law Act 1974 (Qld) ( the Act ), a co-owner may make an application to court, seeking the appointment of a statutory trustee to sell a property regardless of whether the other co-owners agree or not. This can occur when family members or friends buy real property together and then fall into dispute (please note ... WebDec 2, 2024 · Do you need to force a sale? We offer a variety services from forcing a sale to TOLATA claims to prove you are due money from the property. Don't feel you have to tackle this on your own. Give us a call …
Under What Circumstances Can You Force a House …
WebDec 2, 2024 · Principles of co-ownership. When a property is owned jointly by two or more people (whether individuals or corporate entities), a trust of land arises. Except in certain limited circumstances, it is only possible for a maximum of four trustees to jointly own the legal estate, although there can be an unlimited number of co-owners of the ... WebNov 23, 2024 · Jointly owned property can only be sold if you both agree to a sale or if your former partner obtains an order for sale from the court. The fact that you have a child together who is under 18 years old, may only be relevant if you wish to claim that the property should either be transferred to you (joint ownership only) or else the sale of the ... gojo industries address headquarters
Can a jointly-owned home be sold to pay for care?
WebFeb 14, 2024 · A forced sale is a legal process (often called a partition lawsuit) by which the co-owner of a property can accomplished a court-ordered sale of the jointly owned … WebThis temporality delays the sale of the property until certain trigger events occur, such as children leaving full-time university, or entering full-time work. Here the parent with day-to-day care of the children would remain in the … WebJan 6, 2024 · However, there may be legal defenses that can prevent or slow a forced sale: Contractual Agreement. If the property was purchased by co-owners, a contract may exist that indicates a partition action cannot be filed, that it cannot be filed within a certain timeframe, or that mediation or arbitration are required as opposed to court litigation. gojo industrial hand cleaner refills