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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5410
Experience:  Dip Law LPAB - Sydney based lawyer
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My daughter & I own a house together where we both live. She

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My daughter & I own a house together where we both live. She has moved out in the past & I placed in on the market. She moved back about 6 months ago and requested to take it off the market which I did. I moved downstairs to give her & her children more space. Our living arrangements are very stressful & I wish to sell the house so I can buy my own. My daughter refuses to allow me to place it back on the market. Unfortunately only her name is XXXXX XXXXX title due to her mortgage.
How can I force her to sell so I can access my financial interest.
Hello and thank you for your question.

Normally where parties jointly own property then either party can apply to the court to force the sale of the property, so your daughter would normally be foolish to resist you if you really need to sell.

However, if you are not on the title of the property then legally speaking you are not an owner and it may be considerably more difficult to either force the sale or to legally claim a share of the sale proceeds. Of course if you can prove you paid for half the property, then likely the court could order that your interest be recognised, but it will depend on the circumstances which led to your not being recorded on the property title and what your daughter has to say about the arrangement.

If you really think you will not be able to secure the cooperation of your daughter in selling the property and recovering your share of it, then I would recommend the first thing you do is engage a lawyer to review your circumstances, and in particular the circumstances in which the property was acquired solely in your daughters name. Only then will you be able to assess how difficult or easy forcing the sale will be.

If you are heading toward court action, your lawyer should be able to arrange a mediation or settlement conference to try and resolve this issue without the need to involve a court, but depending on the attitude of your daughter, there is no guarantee a settlement can be achieved. Although she seems reluctant to want to negotiate with you at present, faced with the reality of legal action she hopefully will be more reasonable.

I appreciate the above is more complicated than you may have wanted to hear, but it does reflect the reality of the legal situation you describe.

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Thank you and good luck.

Patrick

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