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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14361
Experience:  I did my law degree at the University of Queensland
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I am still trying to understand the law on common ownership

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I am still trying to understand the law on common ownership of property in Queensland.
If 6 people own a domestic house and land property.
If they do not own equal shares.
If 2 people want to sell and 4 do not?
or if 5 people want to sell and 1 does not?
How is a descision reached?
And if one person does not like the agreement, can they it to the courts for a decision?
(Alex, has very kindly all ready been answering some of my questions)
If 2 people want to sell and 4 do not?

Then the property isn't getting sold.

The only way around that is if one of the owners is suffering what the Court calls 'severe financial hardship'. If so, they can apply to the Court for the house to be sold. Otherwise, they can't. Selling requires all the owners, regardless of what their percentage ownership share is, to agree on selling.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question. Your question can continue even after you leave positive feedback, so if you have any follow up questions please don't be afraid to ask.
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Customer: replied 4 years ago.

If 2 of the 6 people are living on the premises, can the other 4 ask for rent?


If the shares are not equal, it would seem reasonable that the cost of maintenance is divided up into the percentage held?

No.

The Court has dealt with this question in the case law as well. What the Courts decided is that the owners have a lawful right to reside in the house. If they choose not to exercise it, then they are not able to seek rent from the owners who are exercising that right.

The only difference would be if the two owners take in a tenant, then all owners would be entitled to a share of the tenant's rent.

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