Whether you can sell property following separation will depend upon how each of you are handling the separation itself. Any sale of property owned by the parties to a marriage or de facto relationship can be handled by agreement or by Court order.
The property can be sold if you and your spouse are able to reach an agreement about all aspects associated with the sale of the property, such as listing agent, selling price and how the net proceeds of the sale are to be divided between you. Court orders will need to be obtained in circumstances where you and your spouse do not agree to sell the property or other disputes arise in relation to the division of the assets of the relationship. Where a dispute arises, the Federal Circuit and Family Court of Australia require the parties to a marriage or de facto relationship to participate in dispute resolution prior to commencing Court proceedings (unless your circumstances qualify you for an exemption).
At Meehans Solicitors, our Family Law Team are able to assist you with your family law property settlement. We understand separation is a difficult time for our clients. If you are thinking about separating from your spouse or have recently separated from your spouse, we would encourage you to contact our office to discuss your property settlement.
This article was published on 05/12/22 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.