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In Victoria, your ex partner cannot sell your property without your consent unless they have legal authority, such as a court order. If the property is jointly owned, both owners must sign the contract. Whether held as joint tenants or tenants in common, consent is generally required for a sale.
1. Check How the Property is Owned
Your property title will show whether you own it as:
- Joint tenants – Each party has an equal share of the whole property. If one joint tenant dies, the other automatically inherits their share.
- Tenants in common – Each party owns a defined share (which can be equal or unequal). Shares can be transferred independently, subject to the law.
In both cases, a sale generally requires all registered owners to sign the contract and transfer documents.
2. When an Ex Cannot Sell Without Consent
If you are a co-owner on title:
- Your ex cannot unilaterally sign a contract of sale for the entire property.
- Your ex also cannot force the sale without either:
- Your agreement, or
- An order from the Family Court or the Supreme Court directing the sale.
If you are not on title but have a financial or equitable interest, your ex still cannot lawfully sell the property free of that interest without resolving it through negotiation or court.
3. When a Sale Might Proceed Without You Signing
In limited circumstances, a property can be sold without your agreement if:
- A court order authorises the sale as part of a property settlement in family law proceedings.
- A mortgagee (lender) takes possession and sells because of loan default.
- A trustee in bankruptcy sells to satisfy debts, if one party is bankrupt.
In these scenarios, your consent is replaced by the court or legal authority’s power to sign on your behalf.
4. Protecting Your Interest
If you are concerned your ex may try to sell without your consent, you should seek legal advice immediately. Your conveyancer or lawyer may recommend:
- Lodging a caveat on the property title to prevent unauthorised dealings.
- Checking the title through Land Use Victoria to monitor any changes.
- Obtaining interim court orders to prevent a sale until the dispute is resolved.
5. Why Legal Advice Matters
Relationship breakdowns can be complex, especially when property is involved. Even if you and your ex are on good terms, relying on informal agreements can put your share of the property — and your financial future — at risk.
Need help protecting your property rights?
At Red Door Conveyancing, we can guide you through your legal options, help secure your interest in the property, and work alongside your family lawyer to ensure the right outcome. Contact us on 03 8456 6797 so our conveyancers can assists you further.
