Co-owned land and goods
We hear applications to make an order for the sale or division of co-owned land or goods under the Property Law Act 1958.
Find out if you're in the right place
What we can help with
- one co-owner wants to sell land or goods but the other co-owner does not agree
- co-owners agree to the sale of land or goods but cannot agree on how to sell the land or goods, e.g. choosing between auction or private sale, choosing the selling agent or conveyancer.
- co-owners cannot agree on how the net proceeds of sale should be distributed between them after sale
- one co-owner wants the other co-owner to account to them for rent received or pay compensation for expenses incurred
- one co-owner wants the land or goods to be divided differently to what is shown on the certificate of title or other documentation
What we can't help with
- if you are not a co-owner in the dispute
- claims which relate solely to money, even if the money is jointly owned
- some cases where one party lives in another state or is a Commonwealth government organisation.
If you are not a co-owner, we cannot make any orders under the Property Law Act 1958. For example, if your dispute only concerns how much money the other co-owners received after the co-owned land was sold, then it may be too late to make an application. This is because once ownership in the land or goods has been transferred to the buyer, you no longer have an interest in the land or goods. This means that you are no longer defined as a co-owner in the Property Law Act 1958.
Before you apply
Consumer Affairs Victoria provides information about your rights as a consumer or business.
Dispute with a company
If your claim is against a company, you must include a company extract from ASIC showing the company’s name and registered address.
Buy the company extract, called Current Company Information, by searching ASIC’s register for companies.
Do not provide the free summary information on the ASIC website because it does not have the address details we need to provide a copy of your application to the company.
If you need assistance, call ASIC on 1300 300 630.
Make an application
We can explain the application process and what the form is asking you for. Contact us to get support.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim.
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.
In many cases all parties are represented by agreement. If you are represented by a legal or other professional representative, we will only communicate with them.
Find legal services that may be able to assist you.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.
Legislation that applies to this type of case
Other organisations that can help
We can help you understand how to apply. We cannot give you legal advice or tell you what to write in your application. These organisations may be able to help you.