Co-ownership, Caveat & Equitable Interest Disputes
When you’re stuck owning property with someone you no longer agree with — or someone claims an interest in your land — we act to resolve it.
- Forcing (or resisting) a sale of co-owned property under s66G.
- Lodging, extending, removing and challenging caveats.
- Claims to property held in someone else’s name — trusts and equity.
- Accounting between co-owners for rent, mortgage and outgoings.
- Fixed-fee scoping and a clear, commercial path out.
You Can’t Be Forced to Stay in Property With Someone Forever
Co-owning property works right up until it doesn’t. Siblings inherit a house together and can’t agree what to do with it. A couple separates but both names are on the title. Business partners or friends buy an investment together and fall out. One co-owner lives there rent-free, or pays nothing towards the mortgage, while the other carries the cost.
When talking has run its course, the law provides a way out — and it’s more powerful than most people realise. Under section 66G of the Conveyancing Act 1919 (NSW), a co-owner can apply to the Court to have trustees appointed to sell (or in some cases partition) the property, even if the other owners object. The Court will usually make the order unless doing so would be inconsistent with a proper contractual or fiduciary obligation. In practice, a well-run s66G application often brings a reluctant co-owner to a sensible negotiated sale or buy-out before it ever reaches a final hearing.
The same title can also be the subject of a caveat — a notice that freezes dealings because someone claims an interest in the land. Whether you need to lodge one to protect a genuine interest, or remove one that’s blocking your sale, caveats run on strict timeframes and require a real caveatable interest. Behind many caveats sits a deeper question: does someone have an equitable interest in property that isn’t in their name — through a trust, a financial contribution, or a promise they relied on?
The Disputes We Resolve
s66G Forced Sales
Applying to appoint trustees to sell co-owned property when co-owners can’t agree — or defending such an application.
Buy-Outs & Negotiated Exits
Using the leverage of a s66G application to achieve a fair buy-out or orderly sale without a full hearing.
Accounting Between Co-Owners
Adjustments for occupation rent, mortgage payments, rates, repairs and improvements when the property is sold or divided.
Lodging & Defending Caveats
Protecting a genuine interest in land by caveat — and defending it against a lapsing notice or removal application.
Removing Caveats
Clearing an improper or expired caveat that’s blocking your sale or refinance, including compensation for baseless caveats.
Equitable & Trust Claims
Constructive, resulting and common-intention trusts — claims to property held in another’s name based on contributions or promises.
Who We Act For
Co-Owners Who Want Out
Siblings, former couples, friends and investors who want to sell or be bought out but are blocked by another owner. We use s66G to break the deadlock.
- s66G application for sale
- Negotiated buy-out or exit
- Fair accounting on the split
Co-Owners Resisting a Sale
Where you have a genuine reason or agreement that the property shouldn’t be sold, we act to resist or shape a s66G application and protect your position.
- Grounds to resist or delay
- Shaping the terms of sale
- Protecting your contribution
Owners & Claimants Over Title
Owners needing an improper caveat removed to settle, and people with a real but unregistered interest needing to protect it.
- Urgent caveat removal
- Protecting a genuine interest
- Trust & contribution claims
What You Need to Know Before You Act
s66G Is Hard to Resist
The Court usually orders a sale unless there’s a binding agreement or fiduciary duty not to. Defending one takes a real legal basis, not just reluctance.
A Caveat Must Have a Real Basis
Lodge a caveat without a genuine caveatable interest and you can be ordered to remove it and pay compensation for the loss it caused.
Lapsing Notices Run Fast
If a lapsing notice is served on your caveat, you generally have 21 days to go to court to maintain it, or it lapses. Miss it and the protection is gone.
Occupation Rent & Contributions Adjust the Split
A co-owner who lived there rent-free, or paid the mortgage alone, can face or claim adjustments on sale. The final split is rarely just “50/50”.
Equity Follows Contributions & Promises
An interest in property not on the title can arise from paying towards it or relying on a promise — but these claims need careful evidence.
Family-Law Overlap
For separating married or de facto couples, the Family Law Act may be the better path. We identify this early so you use the right forum.
How We Resolve a Co-Ownership Dispute
Fixed-Fee Scoping
Send us the title, any co-ownership or trust documents, the caveat or lapsing notice, and a short history. We assess your position and options.
Strategy & Opening Move
Whether it’s a s66G application, a caveat, a lapsing-notice response or a letter proposing a buy-out, we set the strategy and make the first move.
Negotiation & Mediation
Most co-ownership disputes settle into a sale or buy-out. We negotiate the split, including adjustments, and use mediation where it helps.
Court, If Needed
We bring or defend s66G proceedings, caveat applications and equitable claims in the Supreme Court, with counsel where warranted.
Sale, Buy-Out & Accounting
We see it through to a sale or buy-out, take the accounting between owners, and distribute the proceeds correctly.
Why Choose Corporate Legal
s66G Focus
Forced sales and buy-outs of co-owned property are core work for us.
Title-Level Knowledge
We read titles, caveats and dealings every day — and know what they really mean.
Leverage Without War
We often achieve a buy-out or sale without a final hearing.
Fixed-Fee Scoping
A clear read on your position — and your leverage — before you commit.
The Whole Journey
Dispute, sale, and the documents that prevent the next dispute.
We Flag Family Law Early
So you don’t spend money in the wrong forum.
Once a sale or buy-out is agreed or ordered, our conveyancing team can handle the transfer, and our property lawyers can document the trust, co-ownership or loan arrangement that stops the next dispute before it starts.
Frequently Asked Questions
My sibling / ex / co-owner won’t sell — can I force it?
Can I be forced to sell my share?
What is a caveat and when can I lodge one?
There’s a caveat on my property and I can’t settle — how do I remove it?
I paid towards a property that’s in someone else’s name — do I have a claim?
How are the sale proceeds divided between co-owners?
Stuck in a property, or facing a caveat on your title?
A fixed-fee scoping session tells you your options — and your leverage — before you commit.
Book a Consultation